A.M. No. P-97-1254 (AM OCA IPI No. 96-202-P). September 18, 1997
ANONYMOUS, COMPLAINANT, VS. ADELA A. GEVEROLA, CLERK OF COURT IV, MTCC, DAVAO CITY, RESPONDENT.
MELO, J.:
letter-complaint dated April 18, 1995 addressed to the Office of the Court
Administrator charging Adela A. Geverola, Clerk of Court IV, MTCC, Davao City
of falsifying the daily time records of her two nephews who are under her
direct supervision, of continuing to collect her salary despite being abroad on
a vacation, of immorality of carrying on an affair with a married man, and for
accepting “grease” money from “Japayukis” in exchange for facilitating
marriages (pp. 1-2, Rollo).
Acting on the said anonymous letter-complaint, the Office of the
Court Administrator sent a letter dated August 2, 1996 to the Bureau of
Immigration and Deportation (BID) requesting information regarding the
departure from the country for the United States of America and the arrival in
the Philippines of respondent within a ten-year period from 1985 to 1995 (p. 3,
Rollo). The BID responded thereto in a
letter dated September 6, 1996 which reads as follows:
This refers to your letter dated 8 August 1996 requesting the
travel records of ADELA ALFELOR GEVEROLA.
Please be advised that your request yielded the following
information based on the available Computerized database files of Arrival from
January 1993 to May 1996 and Departure from January 1993 to April 1996:
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date of Arrival : July 17, 1993
Flight # : NW023
Origin : SEL
Passport No. : DCL225311
Phil. Address : Magallanes Dvo C
Nationality : PH
Immigration Status : RP
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date of Departure : December 2, 1994
Flight # : NW030
Destination : SEL
Passport No. : DCL225311
Phil. Address : 19-2 Magallanes St. Davao Ct
Nationality : PH
Immigration Status : RP
(p.4, Rollo)
In another communication dated September 24, 1996, the Office of
the Court Administrator sought clarification concerning respondent’s travel
records (p. 5, Rollo) and in reply
thereto, the BID declared:
This refers to your letter dated 24 September 1996 requesting for
the clarification of travel records of ADELA ALFELOR GAVEROLA.
Please be advised that your request yielded the following
information based on the available Computerized database files:
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date departed : June 05, 1993
Flight # : NW002
Destination :
TYO
Passport No. : DCL225311
Phil. Address : 119 2 Magallanes Davao City
Nationality : PH
Immigration Status : RP
Abovementioned subject has no record of arrival from December 1994
to October 8, 1996 (4:50 PM).
(p.6, Rollo)
Based on the Certifications of the BID and the records on file
with the Leave and Records Section of the Court, the Office of the Court
Administrator then submitted a report dated October 18, 1996, the pertinent portions of which state:
This office wrote the Bureau of Immigration about records of any
recent travel abroad of Ms. Adela A. Gaverola, Clerk of Court IV, MTCC, Davao
City.
In letters to this Office dated September 6 and October 9, 1996,
the Bureau of Immigration informed this Office that subject Geverola left for
Tokyo, Japan aboard a Northwest Airlines plane on June 5, 1993, a Saturday and
arrived aboard a Northwest Airlines plane from Seoul, South Korea on July 17,
1993, a Saturday.
Correlating this with the records for subject Geverola on file with
the Leave Section and Records Sections (201 file), the following appear:
1. Application for Leave dated June 1, 1993 for 18 days vacation
leave starting June 7, 1993 until June 30, 1993 excluding Saturdays and
Sundays;
2. Application for leave dated July 1, 1993 for 7 days sick leave
for July 1, 2, 5, 6, 7, 8, and 9 1993; and 5 days forced leave for July 12, 13,
14, 15 and 16, 1993.
3. The Application for Sick Leave was accompanied by a Medical
Certificate dated July 1, 1993 signed by Doctor Natividad A. Amoroso of the
Office of the City Health Officer, Davao City.
OTHER RELEVANT INFORMATION: The charges against MTCC, Davao City Clerk of Court Adela Alfelor Geverola
had already earlier been referred to the Office of the Ombudsman, with docket
number OMB-ADM-3-93-0911. The Ombudsman
referred the same of the National Bureau of Investigation for fact-finding
investigation.
xxx xxx xxx
The Office of the Ombudsman dismissed the complaint when “NBI
Supervising Agent Atty. Fidencio Y.
Bisnar recommended that the (com)plaint be dismissed for want of evidence in
view of the absence of witness who would be willing to substantiate the
accusations against the respondent.”
xxx xxx xxx
EVALUATION: Before the Leave Section of the Court approves
applications for sick leave in excess of five (5) days, the applications must
be accompanied by the required Medical Certificates.
When an employee states that he or she is sick, it is presumed that
said employee is really suffering from a current ailment – not gallivanting
halfway around the world.
From the records of the Bureau of Immigration, it is very clear
that Ms. Geverola left the country for Tokyo, Japan on June 5, 1993 and she
arrived from Seoul, South Korea on July 17, 1993.
Obviously, Ms. Geverola was never in Davao City, nor any part of
the country, last July 1, 1993 when she was allegedly diagnosed as having “Pityriasis Roseo & Massive
Allergy” as she was abroad.
Simply put, Ms. Geverola FALSIFIED her application for sick leave,
induced Dr. Amoroso of the Office of the City Health Officer of Davao City to
issue a Medical Certificate to support her application for sick leave and,
likewise, induced then Executive Judge Virginia Hofilena-Europa to approve the
same.
Ms. Geverola and Judge Europa must be required to submit their
respective comments on this very serious matter.
RECOMMENDATION: In view of
all the foregoing, it is respectfully recommended that:
1. Ms. Adela A.
Geverola, Clerk of Court IV, MTCC, Davao City, be required to explain why she
filed an application dated July 1, 1993 for sick leave for July 1, 2, 5, 6, 7,
8 and 9, 1993, supported by a Medical Certificate dated July 1, 1993 when she
was out of the country on the said dates;
2. Judge Virginia
Hofileña-Europa be required to explain why she signed the application for sick
leave of Ms. Adela A. Geverola, Clerk of Court IV, MTCC, Davao City of July 1,
2, 5, 6, 7, 8 and 9, 1993 when Ms. Geverola was out of the country on said
dates;
3. Three (3)
personnel of the Fiscal Audit Division in charge of Region XI be sent to MTCC,
Davao City to conduct a surprise financial audit, to include a cash audit of
said MTCC, with their report to be submitted within twenty (20) days from the completion of their audit; and
4. The Property
Division be ordered to purchase two (2) bundy clocks for installation at the
Offices of the Offices of the Clerk of Court for the Regional Trial Court of
Municipal Trial Court in Cities both in Davao City.
(pp. 12-B to D, Rollo.)
In Resolution dated November 27, 1996, the Court required
respondent to explain why she filed an application dated July 1, 1993 for sick
leave for the period July 1, 2, 5, 6, 7, 8, and 9, 1993 supported by a medical
certificate dated July 1, 1993 when she was out of the country on said
dates. Executive Judge VirginiaHofileña
was likewise ordered to explain why she signed the application for sick leave
of respondent Geverola (p. 13, Rollo).
In her explanation dated January 3, 1997, respondent alleged:
That she received the Resolution of the Third Division of the
Supreme Court, dated November 27, 1996, on December 26, 1996 at 4:00 P.M.;
That it can be seen from the Caption in this case – “Administrative
Matter OCA I.P.I No. 96-202-P (anonymous vs. Adela A. Geverola, Clerk of Court
IV, Municipal Trial Court in Cities, Davao City)”;
That the writer of the letter complaint is an Anonymous person,
hiding behind the cloak of anonymity. NOT revealing his or her true identity for reasons known to only to him
or to her;
That in obedience to the
aforesaid Resolution of the Third Division, Supreme Court of the Philippines,
and in compliance therewith, it is respectfully admitted that I filed my sick
leave of absence for July 1, 2, 5, 6, 7, 8, and 9, 1993, supported by a Medical
Certificate, as I was then very, very sick, suffering form massive
Allergy; my daily time record for July,
1993 was duly approved and signed by then Executive Judge Virginia
Hofilena-Europa; my application for leave, CSC Form No. 6, Revised 1984, was
duly approved and signed by Atty. Adelaida Cabe-Baumann, Deputy Clerk of Court,
Chief Administrative Officer, Office of the Administrative Services, Supreme
Court of the Philippines;
That I had to go on leave as I was very sick, my life was in
extreme danger due to massive allergy. I had severe itchiness all over my body; my eyes were affected, my hair
was pulling off, my face was swelling, I was very thin then, my height was
affected , but due to competent medical attention, I got well and I reported
for Duty On July 19, 1993, having in mind the exigency of the service;
That it maybe mentioned, in this connection, that since I assumed
office as Clerk of Court IV of MTCC, Davao City, the collections (JDF,
Fiduciary, Gen. Funds, and etc.) have increased tremendously. The records will bear this out;
That I have been in the government service for 39 years, the last
22 years of which are with the Judiciary, up to the present;
That Administrative cases now and then are being leveled against me
since 1993, which apparently are to harass, discredit and besmirch my name and
my reputation as a Court Employee and as a private person, by anonymous person;
That I have always acted accordingly as a government employee and
as a private person, living up to the demands of public service and as mandated
by my oath of office;
That I am respectfully praying that the Honorable Justices of the
Third Division, Supreme Court Manila, find my explanation satisfactory, and
that this Anonymous complaint be dismissed for lack of merit.
(pp. 23-24, Rollo.)
The Office of the Court Administrator, following up respondent’s
explanation to it (p. 22, Rollo), submitted a Memorandum dated May 13, 1997, finding
respondent guilty of falsification of her daily time record for July 1-31,
1993, and of dishonesty for accepting her basic salary and personal economic
relief allowance (PERA) for July 1, 2, 3, 5, 6, 7, 8 and 9, 1993 in the amount
of P 2,308.19, and recommending that she be suspended from the office
for six months without pay and be ordered to return the P 2,308.19 to
the court (p. 30, Rollo).
Upon careful perusal of the records of the case, the Court fully
subscribes to the finding of the Office of the Court Administrator that
respondent is guilty of falsification of her application for sick leave dated
July 1, 1993 and of her daily time record for the month of July, 1993, which
are both official documents.
An anonymous complaint is always received with great caution,
originating as it does form an unknown author. However, a complaint of such sort does not always justify its outright
dismissal for being baseless or unfounded for such complaint may be easy of verification
and may, without difficulty, be substantiated and established by other
competent evidence, as in the present case where the complaint was forthwith
supported by competent evidence such as the Certifications of Bureau of
Immigration dated September 6 and October 9, 1996, the daily time record for
the months of June and July 1993, the applications for vacation and sick leave,
the medical certificate and the records on file with the Leave and Records
Section of the Court.
Respondent denied the charge by alleging that her application for
sick leave for July 1, 2, 3, 5, 6, 7, 8
and 9, 1993 was supported by a medical certificate issued by Doctor Natividad
A. Amorso of the Office of the City Health Officer, Davao City and approved by
Atty. Adelaida Cabe-Baumann, Deputy
Clerk of Court, Chief Administrative officer, Office of Administrative Service
of the Court; that her daily time record for the month of July 1993 was duly
signed by Executive Judge Virginia Hofileña-Europa; that due to competent
medical care, she got well and immediately reported back to work on July 19,
1993, having in mind the exigency of the service; and that the various
administrative cases against her were intended to harass, discredit, and
besmirch her name and reputation.
The explanation is far too pat, unsatisfactory, and
uncompelling. The Certifications of the
BID reveal that the respondent left the country for Tokyo, Japan aboard a
Northwest Airlines plane on June 5, 1993 and arrived in Manila from Seoul,
South Korea on July 17, 1993. Indeed,
respondent’s records on file with the Leave and Records Section of the Court,
on the other hand, show that she filed two leave applications — one dated June
1, 1993 for 18 days vacation commencing June 7, until June 30, 1993 and the
other dated July 1, 1993 for 7 days sick leave for July 1, 2, 5, 6, 7, 8 and 9,
1993 and 5 days forced leave for July 12, 13, 14, 15, and 16, 1993. Respondent, by applying for sick leave and
by stating in her daily time record for the month of July 1993 that she was ill
on July 1, 2, 5, 6, 7, 8, and 9, 1993 when in truth and in fact she was not but
was abroad, is guilty of falsification. Respondent’s absence from the country on July1, 2, 5, 6, 7, 8, and 9,
1993 was clearly established by the Certifications of the BID. Thus, respondent could not have been
examined and treated by Dr. Natividad A. Amoroso in the Philippines on July 1,
1993 for Pityriasis Renea and Massive Allergy, as stated in the medical
certificate, and the statement by the doctor that respondent was ill on July 1,
2, 5, 6, 7, 8, and 9, 1993 cannot be given any weight.
Moreover, respondent’s actuations do not only constitute
falsification but likewise dishonesty and duplicity which deserve appropriate
sanction from the Court. Her actuations
were further aggravated when she still received the amount of P 2,308.19
as over payment of her basic salary and personal economic relief allowance
(PERA) for July 1, 2, 5, 6, 7, 8, and 9, 1993, the dates when she was allegedly
ill in the Philippines.
Public service requires utmost integrity and discipline. A public servant must exhibit at all times
the highest sense of honesty and integrity for no less than the Constitution
mandates the principle that “a public office is a public trust and all public
officers and employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty and efficiency” (Section 1,
Article XI, 1987 Constitution). As the administration of justice is a sacred task, the persons involved
in it ought to live up to the strictest standard of honesty and integrity (Hernandez
vs. Borja, 242 SCRA 162 [1995]). Their conduct, at all times, must not only be characterized by propriety
and decorum but, above all else, must be above suspicion. Thus, every employee of the judiciary should
be an example of integrity, uprightness and honesty (Basco vs. Gregorio,
245 SCRA 614 [1995]).
Respondent, as Branch Clerk of Court of a court of justice, must
bear in mind that the office she holds and the duties as well as the
responsibilities appurtenant thereto require from its holder competence,
honesty and integrity; that , in relation to the judge, she occupies position
of confidence which should not be betrayed; and that with the prestige of the
office goes the corresponding responsibility to safeguard the integrity of the
court and its proceedings, to earn respect therefor, to maintain the authenticity
and correctness of court records, and to uphold the confidence of the public in
the administration of justice (Rudas vs. Acedo, 247 SCRA 237 [1995]
citing Section B, Manual for Clerks of Court, p.3). Respondent has failed to measure up to the standards exacted by
her position. She has not been true to
these lofty ideals so essential for the proper and effective administration of
justice.
Anent the penalty imposable, considering that respondent has been
in the government service for 39 years, the last 22 years of which have been in
the judiciary, the Court finds the penalty of suspension for two (2) months
without pay commensurate.
ACCORDINGLY, for falsification and dishonesty, respondent
Adela A. Geverola, Clerk of Court IV, MTCC, Davao City, is hereby SUSPENDED for
two (2) months without pay effective immediately and ordered to return to the
Court the amount of P 2,308.19 as over payment of her basic salary and
personal economic relief allowance (PERA) for July 1, 2, 5, 6, 7, 8, and 9,
1993 within thirty (30) days from notice. She is further warned that a repetition of the same or similar offense
shall be dealt with more severely.
SO ORDERED.
Narvasa, C.J., (Chairman), Romero, Francisco and Panganiban, JJ., concur.