FE BRON, COMPLAINANT, VS. ADORACION J. DELIS, RESPONDENT.

On March 30, 1978, the Office of the President referred to this Court
a letter addressed to the President, dated March 15, 1978, and signed by Ms. Fe
Bron of Naga City, charging
respondent with having mortgaged a typewriter of the government with the
management of the Fiesta Hotel, Naga City, which she
was able to do because she is the “querida”
of the present judge of the said court.

The letter was in turn referred by this Court to the Hon. Moises Kallos, District Judge,
Circuit Criminal Court, Legazpi City, on March 31,
1978, with the request that he look into the matters alleged therein and to
submit a written report thereon as soon as possible.  Judge Kallos has
submitted the required report, the pertinent portions of which read:

“Immediately upon reading the contents of the copy of the
handwritten letter of a certain Fe Bron, an Office
MEMORANDUM was issued to Atty. German Mata, Clerk of Court of the Circuit Criminal
Court, Legazpi City, asking an immediate explanation
about the typewriter mentioned in the letter, of which the present Presiding
Judge Moises C. Kallos has
never had any knowledge of (Annex ‘1’) and Mrs. Adoracion
Delis was at the same time furnished copy of the letter-complaint, requiring
her to file her answer within 24
hours and whether she
would prefer a formal investigation regarding the matter.  (Annex ‘2’) At the same time, in an effort of the undersigned Presiding
Judge of the CCC to clear his name from the malicious and libelous imputations in the said letter and
vindicate his name and reputation, SUBPOENAS were issued by him personally to
the following persons after docketing with the records of the CCC as
Administrative Case No. 1-’78 = Fe Bron
vs. Adoracion Delis, to wit:

(1)    Mrs.
Adoracion Delis, Stenographer CCC, Legazpi City
(Annex ‘3’)

(2)    The manager or authorized representative of
the Fiesta Hotel, Naga
City (Annex ‘5’)

(3)    Fe Bron, Peñafrancia, Naga
City (Annex ‘6’)

Note:   The subpoenas were served by the Deputy
Sheriff of the CCC, Rodolfo M. Espartinez, in Naga City with the assistance of the Station Commander of
the Naga City Integrated Police (Annex ‘4’)

Formal investigation was set for April 24, 1978 at 9:00
A. M.  Mr. German Mata rendered his
report on the typewriter on April 18,
1978, which is Annex ‘7’, which among others stated:

‘Further inquiry show that a 6th typewriter Triumph Matura 30,
Serial No. 8537801 for the Office is
with Mrs. Adoracion J. Delis, stenographer of
this Court.  When, how and who issued
said typewriter to Mrs. Delis is not clear to me.  I did not know that said typewriter is with
the management of Fiesta Hotel at Naga
City and the cause of its being
there.’

Because of this statement of the Clerk of Court, Mr. Angel Altea, retired deputy clerk of court of the CCC was cited
to shed light on this typewriter.  Mrs. Adoracion Delis did not submit any written explanation as
of the date the case was set for investigation. 
Called for hearing on April 24,
1978 at 9:00 A. M., the
Court found the following:

1.     The subpoena issued to Fe Bron of Peñafrancia,
Naga City
was returned by the Station Commander’s office with this information:

‘OFFICER’S RETURN.  (See back
of Annex ‘6’)

Respectfully return to the Court of Origin Unserved
with the information that subject person FE BRON was not located at the given
address.  The undersigned together with
Rodolfo M. Espartinez, Deputy Sheriff exerted efforts
in contacting Bgy. Capt. Claveria
of District II and Bgy. Capt. Fauler
of District I both of Peñafrancia
Avenue, this City said subject is not known to
them.

FOR THE STATION COMMANDER:

S/NORBERTO
S. BALLON, SR.

T/NORBERTO S.
BALLON, SR.

P/Corporal, INP

Chief, Warrant Section.’

2.     Mr. Antonio Concepcion,
Hotel Manager & owner of the Fiesta Hotel, Naga City
was served and appeared on April 24,
1978.  He took the witness
stand and the transcript of his
testimony is found on pages 1 to 8, of Annex ’12’.  He admitted that the hotel has in its
possession a typewriter which was retained together with other personal effects
of Adoracion Delis due to her failure to settle her
hotel bills amounting to P1,778.00 in the year 1974, when she stayed
there while serving as COURT STENOGRAPHER of the CCC during the SPECIAL
TERM of former Presiding Judge of the CCC then, Judge Ricardo Payumo.  Up to the
date of the investigation, April 24,
1978, the bills of Adoracion Delis have
not been paid.  Mr. Concepcion
could not bring the typewriter with him then as he wanted to ask the Court
assistance so that there should be somebody present when the cartons of Mrs.
Delis would be opened, least she should claim the loss of anything inside.

The Court entered an order directing the Deputy Sheriff of the CCC
to proceed to Naga City with Mr. Antonio Concepcion the same day and get the help of a policeman of Naga City to witness the taking of the typewriter so it
could be identified whether it is the one owned by the government, which order
is Annex ‘9’.  Deputy Sheriff Rodolfo M. Espartinez returned to Legaspi City
bringing along a TRIUMPH (MATURA 30) typewriter, Made in Western Germany, SERIAL NOS.
8537821-A-811-43498-1 etc., color GRAY, which tallied with the missing
typewriter of the CCC and not in use since 1974 by the Court.  A proper receipt was issued to Mr. Antonio Concepcion, Manager of Fiesta Hotel, Naga City,
which is attached as Annex ’11’ and marked Exhibit ‘A’ in the investigation.

3.     Mr. Angel Altea,
retired deputy clerk of court, appeared on April 24, 1978 in obedience to a subpoena issued by the
Court.  His testimony appears on pages 8
to 12 of Annex ’12’.  Mr. Altea informed the Court that this TRIUMPH typewriter was
brought to Naga
City in the year 1974 by the CCC,
when then Judge Ricardo Payumo held special term
there for more than six months.  It was
used by Stenographer Adoracion J. Delis, who was one
of the two stenographers.  Mr. Altea was sent by the Court to the Fiesta Hotel in 1974 to
get the typewriter but the management
did not give the machine because the hotel wanted to hold the typewriter as
security for the hotel bills of Adoracion J. Delis, which she said would be
settled.  No further action was taken by
the Court.

The following question was propounded by the present Presiding
Judge of the CCC to Mr. Altea and his answer is as follows:

‘Q.   During
the incumbency of the present Presiding Judge from the time he assumed office
on March 18, 1976, would you explain to us what – why this matter was never
brought to the attention of the Presiding Judge officially about the missing
typewriter so that action could have been taken thereon earlier?

A.    I
have called the attention of my chief, Atty.
German Mata about the typewriter but he told that he will try his best
to let Mrs. Delis return that equipment to the office.’

4.    The case was called again for summary investigation
on April 25, 1978 at 9:00 A.M. Respondent Mrs. Adoracion
Delis was not in Court.  Deputy Sheriff
Rodolfo M. Espartinez and Atty. German Mata, Clerk of
Court were called to the witness stand. 
Their testimonies as transcribed can be found on pages 1 to 6 of Annex
’13’.

After the typewriter was brought to Court and duly identified as the
property of the government, the Court entered the following order on April 25, 1978:

‘The Court is satisfied from the evidence before it that the
typewriter which was taken from the
Fiesta Hotel yesterday pursuant to the order of this Court is the very typewriter
of the CCC which in the letter-complaint sent to the President has been
mortgaged by Respondent Adoracion J. Delis with the
Fiesta Hotel.  It turned out from the
testimony of the owner of the Hotel that this typewriter was among the personal
effects of the Respondent Adoracion J. Delis which
was retained in the hotel in view of the failure of Mrs. Delis to settle her
hotel bills amounting to P1,778.10 during her stay with the hotel during the
period when respondent was acting as Stenographer of the CCC (1974).

ACCORDINGLY, considering that this typewriter is a government property
which is among the property responsibility of the Clerk of Court to the Supreme
Court, the said typewriter is hereby ordered to be kept with the CCC in Legazpi City for its use, reserving to the owner of the
Hotel the right to institute the corresponding criminal charges against the
Respondent Adoracion J. Delis for her failure to pay
her hotel bills despite the fact that for her stay in the hotel at Naga City in 1974 she has not settled her accountability up
to the present.

The case therefore is submitted for corresponding resolution and report
to the Supreme Court for such administrative action that the Supreme Court may
take against the Respondent Mrs. Adoracion J. Delis.’

Mr. Antonio Concepcion of the Fiesta
Hotel arrived in Court about 11:00 A.M.
on April 25, 1978 and he
was informed that the investigation was already terminated by the Court and
that the typewriter will have to be taken by the CCC as government property.  He offered no objection but said that he
would just press his case to recover the amount long unpaid by Adoracion J. Delis.

Respondent Adoracion J. Delis also came
to Court at about the same time.  She has
not filed any answer to the charge, Annex ‘2’. 
It would seem that she simply does not care.

CONCLUSION & RECOMMENDATION

The typewriter subject of the letter was with the FIESTA HOTEL
since the year 1974, during the incumbency of Judge Ricardo Payumo.  Judge Moises C. Kallos only became the CCC Judge the latter part of March
1976, after his transfer from the CFI, Branch III of DAET, and did not come to
know about this machine except when he received the 1st Indorsement
of the SC of March 31, 1978.

Mrs. Adoracion J. Delis never reported to
the present Presiding Judge of the CCC the whereabouts of this typewriter since
March 1976 to date.  Her misfeasance has
prejudiced the government.  Her failure
to pay her hotel bills at the Fiesta Hotel despite the fact that official records
of the Supreme Court must indubitably show that she had long collected the per
diems and allowances for her stay as Court Stenographer of the CCC in the year 1974 is clearly a criminal
act punishable by Article 315, Par. 2(e) of the Revised Penal Code
(SWINDLING).  As a crime against
property, it carries moral turpitude. 
The act is aggravated by the fact that she committed it as an employee
of the Supreme Court, which granted her per diems and allowances.  She has been able to get accommodation
because of her known employment to the management.

She is not only an undesirable employee within the meaning of LOI
13 and 13-A, but has violated our penal law.

Mrs. Adoracion J. Delis is therefore
recommended for immediate dismissal
from the service.” (Rollo, pp. 4-8)

As can be gathered from the foregoing report, respondent Delis,
in her capacity as stenographer of the Circuit Criminal Court, Legazpi City,
was issued by said court a typewriter,
Matura 30 (Triumph), German make, with Serial No. 8537821.  When the
Circuit Criminal Court held a special term in Naga City
in 1974, respondent brought with her the typewriter.  While in Naga City,
she was billeted in the Fiesta Hotel. 
For her stay in the hotel during
that special term, she accumulated unpaid hotel bills totalling P1,778.10.  As she could not pay the bills at the end of the term, she left the typewriter with the hotel management and the latter
retained it together with her personal belongings as security for the payment
of her hotel bills.  Since 1974 the
typewriter remained in the
possession of the hotel management until April 24, 1978 when it was taken therefrom
by Deputy Sheriff Rodolfo M. Espartinez upon order of
the court.  Respondent’s hotel bills,
however, remained unpaid.

The foregoing facts clearly demonstrate respondent’s
irresponsibility and grave misconduct. 
Every public officer is bound to use reasonable skill and diligence in
the performance of his official duties. 
He is bound, virtuite offici. to bring to the discharge of his
duties that prudence, caution and attention which careful men usually exercise
in the management of their affairs.^[1]
There is no question that the failure of a respondent to comply with the laws
governing and regulating his powers and duties, may subject him to criminal and
administrative sanctions.  Here,
respondent knowingly or negligently failed to comply with her duty of returning
the typewriter to the court and to pay her bills.

WHEREFORE, respondent is found guilty of grave misconduct,
dishonesty and conduct prejudicial to the best interest of the service and is
hereby ordered DISMISSED from the service effective upon her receipt of a copy
of this decision.

Fernando, (Chairman), Aquino, Concepcion, Jr., Santos,
and Abad
Santos, JJ., concur.

Barredo, J., in the result.

^[1]
Topeka v. Independence Indem Co., 30 Kan.
650, 287 P. 708; State use of Overton
County v. Copeland,
96 Tenn. 296, 34 SW 427.