Philippine Supreme Court Resolutions > Year 2011 > January 2011 Resolutions > [A.M. No. P-07-2289 [Formerly OCA IPI No. 06-2472-P] : January 10, 2011] NIEVES M, DE GUZMAN VS. ARSENIO S. VICENCIO, CLERK OF COURT IV, MTCC, OCC, CABANATUAN CITY :

Please take notice that the Court, Second Division, issued a Resolution dated 10 January 2011 which reads as follows:

A.M. No. P-07-2289 [Formerly OCA IPI No. 06-2472-P] (Nieves M. de Guzman vs. Arsenio S. Vicencio, Clerk of Court IV, MTCC, OCC, Cabanatuan City).� Before the Court is an administrative complaint against Arsenio S. Vicencio, Clerk of Court IV, MTCC, OCC, Cabanatuan City.

In a complaint-affidavit dated July 8, 2006, complainant alleged that she was one of the defendants in Civil Case No. U-5588 for declaration of nullity and damages before the Regional Trial Court, Branch 46, Urdaneta City, Pangasinan. She alleged that when the plaintiff in the said civil case died, a certain Atty. Rizalina Licuanan entered her appearance as counsel for the deceased plaintiff and filed a motion for substitution of the latter's alleged adopted daughter Romina Urnali. Atty. Licuanan presented the adoption paper of Romina Urnali which was signed by Judge Meliton Pajarillaga of Branch 2, Cabanatuan City. Complainant opposed the motion for substitution upon verification with the Office of the Clerk of Court, MTCC, Cabanatuan City that there was no record of the entry of the proceedings on the petition for adoption of Romina Umali. Conversely, Romina Umali submitted before the RTC, Branch 46, Pangasinan, a Certification issued by the Office of the City Civil Registrar of Cabanatuan City and a Certificate of Finality of the decision in the adoption case issued by respondent Arsenio Vicencio.

Complainant submitted that respondent was grossly negligent in issuing the certificate of finality of the alleged decision in the adoption case despite the fact that no record of the said proceedings existed. The only record the court had in its possession was the filing of said petition for adoption.

In his comment dated August 23, 2006, respondent claimed that he issued the certification in good faith. He recalled that a certain Rosendo Sabado came to their office and furnished him a certified true copy of a decision rendered by Judge Meliton Pajarillaga in Special Proceedings No. 212-A entitled "Petition for Adoption of Minor Romina Umali, Rosendo Sabado and Angela Sabado, petitioners," which he attached to the case's docket. Since the said decision was not appealed, he issued the certification dated January 27, 2003 stating the dispositive portion therein. He claimed though, that he already issued a certification on May 2, 2002 stating that, based on the court's docket, there was no entry made with respect to the dispositive portion of the decision in Special Proceedings No. 212-A.

However, the Office of the Court Administrator, in its report, finds that the act of the respondent in issuing the certificate of finality despite knowledge that no record of the dispositive portion of the said decision was entered in the docket book and without confirming with the Office of the Civil Registrar regarding the certified true copy of the decision, shows that he failed to measure up to the standard expected of him as a court personnel, thus eroding the faith of the public in the judiciary. A clerk of court, being an essential officer in the judicial system, is expected to be assiduous in performing his or her official duties. For his negligence, the OCA recommends that he be held liable for simple neglect of duty and be fined in the amount of Two Thousand (P2,000.00) Pesos with a stern warning that a repetition of the same or similar act in the future will be dealt with more severely.

WHEREFORE, the Court RESOLVES to ADOPT and APPROVE the findings of fact, conclusions of law and recommendation of the Office of the Court Administrator. Accordingly, the Court finds respondent Arsenio S. Vicencio, Clerk of Court IV, MTCC, OCC, Cabanatuan City GUILTY of SIMPLE NEGLECT OF DUTY and fines him in the amount of Two Thousand (P2,000.00) Pesos with a stern warning that a repetition of the same or similar act in the future will be dealt with more severely.

SO ORDERED.