A.M. No. P-17-3763 [Formerly OCA IPI No. 14-4320-P] - ENGR. DARWIN A. RECI, COMPLAINANT, VS. ATTY. EMMANUEL P. VILLANUEVA, FORMER CLERK OF COURT V AND SONIA S. CARREON, FORMER COURT STENOGRAPHER III, BOTH OF THE REGIONAL TRIAL COURT OF MANILA, BRANCH 9.DECISION - Supreme Court E-Library

Ruling

Accordingly, the Court resolved to docket the complaint as a separate administrative matter against the respondents, and to submit their comments thereto within 10 days from receipt thereof. [9] In her Comment, [10] Carreon averred that as court stenographer, it was not part of her duties and obligation to prepare records of cases for transmittal to another court. Moreover, Carreon countered that Atty. Villanueva coerced her to execute her Memorandum [11] dated April 18, 2012 wherein she allegedly admitted the blame in the delay of the transmittal of the records of the case. Considering that Atty. Villanueva was her immediate supervisor, she was forced to just comply with his order. [12] In its 1 st Tracer, [13] the Office of the Court Administrator (OCA) reiterated its order to Atty. Villanueva to file his comment and was given another five days to comply, counted from the day of receipt thereof. No return card, however, was received by the Court despite repeated re-sending of the Court's resolutions to him in the address indicated in his 201 file. Thus, the OCA proceeded with the evaluation of the case and was submitted to the Court. [14] Recommendation of OCA On July 26, 2017, the OCA issued its Memorandum [15] wherein it recommended the dismissal of Atty. Villanueva from the service for gross neglect of duty. Considering, however, that he already resigned from office on December 31, 2012, the OCA recommended the forfeiture of his separation benefits, except accrued leave credits, with prejudice to re-employment in the government or any of its agencies, including government-owned or controlled corporations. Also, the OCA recommended that Carreon, who already resigned on February 14, 2014, be fined in the amount of P20,000.00, to be deducted from any benefits due her, for gross neglect of duty. The OCA noted that as a result of the instant administrative case against herein respondents, they have not been issued clearances by the Court despite their resignation. Issue Mainly, the issue to be resolved in the instant case is whether or not the respondents are guilty of the offense charged. Ruling of the Court The Court finds the recommendation of OCA against Atty. Villanueva proper under the circumstances. With regard to Carreon, however, the Court finds that the administrative complaint against her should be dismissed for lack of merit. Atty. Villanueva is liable only for simple neglect of duty Section 10, Rule 41 of the Rules of Court explicitly provides: Sec. 10. Duty of clerk of court of the lower court upon perfection of appeal. Within thirty (30) days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court: (a) To verify the correctness of the original record or the record on appeal, as the case may be aid to make certification of its correctness; (b) To verify the completeness of the records that will be transmitted to the appellate court; (c) If found to