A.M. No. P-04-1815 (Formerly OCA IPI No. 04-1885-P) - RONCESVALLES B. FILOTEO, COMPLAINANT, VS. ARTURO C. CALAGO, PROCESS SERVER, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, ISABELA CITY, BASILAN.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the undersigned investigating officer finds Respondent Arturo C. Calago guilty of grave misconduct and, after taking into account his length of service of almost 30 years as a mitigating circumstance, hereby recommends to the Honorable Supreme Court that he be meted the penalty of [six months suspension] without pay. [7] During the investigation, respondent admitted that on July 25, 2003, he went to Lim Wai Store, bringing along five checks including Zanoria's check. After encashing the four checks (for himself and his co-employees), he asked Lim, " Si muerto ya el hente, ta cambia pa kamo el cheques ?" (If the person is already dead, will you still encash the checks?) He said he propounded this question because he heard that someone, for several years, had been encashing the checks of dead persons with Lim. He also claimed that his personal letter addressed to the "Chief of Small Loans Division" was covered by registry receipt no. 2084. Later, however, it was discovered that registry receipt no. 2084 pertained to a letter addressed to the OCA by the Municipal Circuit Trial Court (MCTC) of Maluso-Sumisip-Lantawan. [8] The OCA, in its memorandum dated February 20, 2007, agreed with the findings of the investigating judge. It recommended that respondent be held liable for grave misconduct, falsification and dishonesty based on the following facts: (1) respondent attempted to encash the check of the deceased Zanoria in the store of Lim on July 25, 2003; (2) he did not mail the letter (containing the check) to Soria; (3) to cover up his act of dishonesty, he made it appear that that the letter to Soria was covered by registry receipt no. 2085 when in fact this actually pertained to his personal loan application; (4) in another attempt to conceal his wrongdoing, he claimed that his personal letter was covered by registry receipt no. 2084 which actually referred to a letter sent by the MCTC of Maluso-Sumisip-Lantawan and (5) since the check had been encashed, it was reasonable to assume that respondent did so for his personal benefit. Thus, the OCA recommended that he be dismissed from the service and that he be ordered to pay the amount of P5,417.48 representing the value of the check. We agree with the OCA's recommendations. Public office is a public trust. [9] A public servant must bear at all times the highest sense of honesty. This is especially significant for employees in the judiciary. The image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of its personnel, from the judge to the lowest employee. Hence, those involved in the administration of justice must live up to the highest standard of honesty and integrity in the public service. [10] Not only must their conduct at all times be characterized by propriety and decorum but, above all else, it must be beyond suspicion. [11] There is substantial evidence to support the finding that respondent never sent the letter contai