August 2008 - Philippine Supreme Court Resolutions
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[A.M. No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] : August 06, 2008] EXECUTIVE JUDGE EDGARDO LLOREN, RTC CAGAYAN DE ORO V. WILLIAM M. PONFERRADA, CLERK III, AND MONETTE C. ABADINES, UTILITY I, RTC-OCC CAGAYAN DE ORO CITY :
[A.M. No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] : August 06, 2008]
EXECUTIVE JUDGE EDGARDO LLOREN, RTC CAGAYAN DE ORO V. WILLIAM M. PONFERRADA, CLERK III, AND MONETTE C. ABADINES, UTILITY I, RTC-OCC CAGAYAN DE ORO CITY
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 06 August 2008
A.M. No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] (Executive Judge Edgardo Lloren, RTC Cagayan de Oro v. William M. Ponferrada, Clerk III, and Monette C. Abadines, Utility I, RTC-OCC Cagayan de Oro City)
In this administrative case, Executive Judge Edgardo T. Lloren[1] of the Regional Trial Court (RTC), Branch 18 Cagayan de Oro City charges Clerk III William M. Ponferrada and Utility I Monette C. Abadines with simple neglect of duty arising from the loss of notarial report in their custody.
Ponferrada is the clerk in charge of the Notarial Section of the RTC-Office of the Clerk of Court (OCC) in Cagayan De Oro City. His duties include checking the notarial reports for completeness, issuing certifications that a duly commissioned notary public notarized the document, issuing certified true copies of documents, and verifying the signatures of lawyers on a document.
Abadines, the acting assistant clerk of the Notarial Section, records docket reports of the lawyers� monthly notarial documents, notifies the notaries public who have incomplete reports, and keeps the files of granted and renewed notarial commissions.
When Judge Lloren asked for the notarial report on a document notarized for March 2000 of one Atty. Cesilo G. Adaza, Judge Lloren learned that the report was missing and could not be located.
Ponferrada and Abadines both denied that had custody of the report and pointed fingers at each other. Ponferrada explained that Abadines asked for the notarial report from him sometime in April 2006 and he could not refuse her because of her bossiness. He said that Abadines overruled him in making decisions, and even signed her name as Notarial-in-Charge.
Abadines pointed out that since Ponferrada became the clerk-in-charge of the Notarial Section, there had been at least two incidents where he denied having custody of transmitted and documents, only to be proved wrong after a diligent search.
After investigation and evaluation, the Office of the Court Administrator (OCA) concluded that there was evidence to indicate that Ponferrada was responsible for the loss of the notarial report of Atty. Adaza.
We agree with the OCA. As the clerk in charge of the Notarial Section, it is Ponferrada�s duty to ensure safekeeping of notarial documents in his custody. The Manual for Clerks of Courts enumerates the general functions of the Notarial Section under the Clerk of Court, as follows:
WHEREFORE, respondent William M. Ponferrada, Clerk III, RTC-OCC, Cagayan De Oro City, is FINED five thousand pesos (PhP 5,000) for his neglect of duty with a stern warning that a repetition of the same or similar act will be dealt with more severely.
The complaint against respondent Monette C. Abadines, Utility I, RTC-OCC in Cagayan De Oro City, is DISMISSED for lack of substantial evidence.
SO ORDERED.
A.M. No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] (Executive Judge Edgardo Lloren, RTC Cagayan de Oro v. William M. Ponferrada, Clerk III, and Monette C. Abadines, Utility I, RTC-OCC Cagayan de Oro City)
In this administrative case, Executive Judge Edgardo T. Lloren[1] of the Regional Trial Court (RTC), Branch 18 Cagayan de Oro City charges Clerk III William M. Ponferrada and Utility I Monette C. Abadines with simple neglect of duty arising from the loss of notarial report in their custody.
Ponferrada is the clerk in charge of the Notarial Section of the RTC-Office of the Clerk of Court (OCC) in Cagayan De Oro City. His duties include checking the notarial reports for completeness, issuing certifications that a duly commissioned notary public notarized the document, issuing certified true copies of documents, and verifying the signatures of lawyers on a document.
Abadines, the acting assistant clerk of the Notarial Section, records docket reports of the lawyers� monthly notarial documents, notifies the notaries public who have incomplete reports, and keeps the files of granted and renewed notarial commissions.
When Judge Lloren asked for the notarial report on a document notarized for March 2000 of one Atty. Cesilo G. Adaza, Judge Lloren learned that the report was missing and could not be located.
Ponferrada and Abadines both denied that had custody of the report and pointed fingers at each other. Ponferrada explained that Abadines asked for the notarial report from him sometime in April 2006 and he could not refuse her because of her bossiness. He said that Abadines overruled him in making decisions, and even signed her name as Notarial-in-Charge.
Abadines pointed out that since Ponferrada became the clerk-in-charge of the Notarial Section, there had been at least two incidents where he denied having custody of transmitted and documents, only to be proved wrong after a diligent search.
After investigation and evaluation, the Office of the Court Administrator (OCA) concluded that there was evidence to indicate that Ponferrada was responsible for the loss of the notarial report of Atty. Adaza.
We agree with the OCA. As the clerk in charge of the Notarial Section, it is Ponferrada�s duty to ensure safekeeping of notarial documents in his custody. The Manual for Clerks of Courts enumerates the general functions of the Notarial Section under the Clerk of Court, as follows:
3.1.22 Notarial SectionIt is the duty of the clerk in charge to safely secure all the records, papers, and documents committed to his charge. Every functionary in the judiciary is part of the well oiled machinery that must perform efficiently to ensure that the regular and daily business of the courts is not delayed. No one is exempt from this heavy responsibility.
- Prepares notarial commissions and oath of office and submits them to the Executive Judge for approval after verification as to authenticity and correctness of the documents presented;
- issues authenticated and certified copies of documents filed by commissioned notaries public;
- maintain efficient archives of these notarial reports for preservation and to facilitate retrieval.[2]
WHEREFORE, respondent William M. Ponferrada, Clerk III, RTC-OCC, Cagayan De Oro City, is FINED five thousand pesos (PhP 5,000) for his neglect of duty with a stern warning that a repetition of the same or similar act will be dealt with more severely.
The complaint against respondent Monette C. Abadines, Utility I, RTC-OCC in Cagayan De Oro City, is DISMISSED for lack of substantial evidence.
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Now Associate Justice of the Court of Appeals.
[2] 3 THE 2002 REVISED MANUAL FOR CLERKS OF COURT 207-208.