OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. PABLO R. RACADAG, COURT INTERPRETER, REGIONAL TRIAL COURT, BRANCH 27, NAGA CITY, RESPONDENT.

On July 16, 1987,
while the respondent Pablo R. Racadag was employed as
Court Interpreter of the Regional Trial Court of Sorsogon
at Irosin, a criminal lnformation
for malversation of public funds as defined under
Article 217, par. 3 of the Revised Penal Code, was filed against him before the
Sandiganbayan. 
According to the information filed, the herein respondent, the therein
accused, while employed as Regional Trial Court Staff Assistant II, and
designated and discharging duties then as acting clerk of court of the Regional
Trial Court, Branch 55 in lrosin, Sorsogon,
and as such accountable for public funds received by him by reason of the
duties of his position, wilfully and unlawfully
allowed Attys. Henry Roxas and Jaime Fortes, Clerk of
Court of RTC, Branch 55, and counsel for the defendant in Civil Case No.
1204-033, entitled “Jose T. Mercader vs.
Perfecto Erasco,” respectively to appropriate
for their personal use and benefit the sum of P12,000.00 representing the
redemption money deposited by Jose T. Mercader, the
plaintiff in the said civil case, without any order or authority from the court
trying the case directing delivery to said persons and in disregard of the
written directives of his superiors for him (Racadag)
to deposit the money with the Philippine National Bank, Irosin
Branch, to the damage and prejudice of said Jose T. Mercader
and the government in the said amount.

As a result of the filing of the aforementioned criminal
information, and by virtue of the Court En Banc Resolution dated March 12,
1981, ordering the Office of the Court Administrator (OCA) to initiate motu proprio the filing of
administrative proceedings against judges and/or employees of anterior courts
who have been charged before the Sandiganbayan, the
necessary administrative complaint for malversation
of public funds and conduct prejudicial to the best interest of the service was
filed against the respondent on July 22, 1987. 
Despite notices however, the respondent failed to submit an answer or
comment to the administrative charge against him.

Meanwhile, at the Sandiganbayan, the
respondent, after having entered a plea of not guilty, jumped bail and has
remained at large since then thus prompting that court to conduct the trial in absentia.  On June 30, 1989, after appreciating the
testimonial, as well as the documentary, evidence presented by the prosecution
through its witnesses, the Sandiganbayan rendered a
decision finding the respondent guilty as charged and accordingly sentenced him
to an indeterminate penalty ranging from seven (7) years, four (4) months and
one (1) day of prision mayor as the minimum, to eleven (11)
years, six (6) months and twenty-one (21) days, also of prision mayor as the maximum; to suffer perpetual special
disqualification:  to pay a fine of P12,000.00
equal to the amount malversed:  to indemnify the Government of the Republic
of the Philippines in the same amount of P12,000.00:  and to pay the costs of the action.  The promulgation of the decision of the Sandiganbayan was likewise held in absentia. The judgment of conviction became final and executory on July
11, 1989.

Incidentally, during the pendency of
the criminal case against him, the respondent was apppointed
Interpreter (transfer of station) of the Regional Trial Court, Branch 27, Naga City
upon the recommendation of Judge Roberto C. Rañola.  The transfer was made possible by the
respondent’s non–disclosure of the pendency of the malversation case against him.

Considering that the respondent has repeatedly failed, despite
due notice, to submit an explanation/answer as to why he should not be
penalized for his act, and considering further that he had been found guilty
beyond reasonable doubt by the Sandiganbayan of the
crime of malversation of public funds and penalized
with perpetual special disqualification which renders him ineligible to hold
any public office, the Office of the Court Administrator, in a memorandum dated
April 23, 1990, recommended the dismissal of the respondent from the service
with forfeiture of retirement benefits and with prejudice to reinstatement in
any branch of the government or any of its agencies or instrumentalities.

After a careful review of the records of this case, and in the
light of the circumstances obtaining, we find the recommendation given to be
well-taken.

Indeed, the continued failure of the respondent to offer any
explanation on the administrative charge against him speaks ill of his
position.  Furthermore, his having jumped
bail and going into hiding during the trial of his criminal case before the Sandiganbayan only revealed his guilt of the charge against
him.  At any rate, the respondent’s
conviction in the Sandiganbayan erased any doubt in
our mind as to his culpability.

ACCORDINGLY, the respondent, Pablo R. Racadag,
Court Interpreter of the Regional Trial Court, Branch 27, Naga
City is hereby DISMISSED and SEPARATED from the service effective July 11,
1989, with forfeiture of all retirement benefits, and with prejudice to
re-employment in any branch, agency, or instrumentality of the government, including
government-owned or controlled corporations.

SO ORDERED.

Fernan, C.J., Narvasa,
Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco,
Padilla, Bidin, Sarmiento,
Cortes, Griño-Aquino, Medialdea, and Regalado, JJ., concur.