A.M. No. P-12-3090 (Formerly A.M. OCA IPI No. 11-3662-P) - MARIANO T. ONG, COMPLAINANT, VS. EVA G. BASIYA-SARATAN, CLERK OF COURT, REGIONAL TRIAL COURT, ILOILO CITY, BRANCH 32.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the OCA, applying Rule IV of the Uniform Rules on Administrative Cases in the Civil Service, [15] recommended her suspension from the service for six (6) months and one (1) day without pay, with a stern warning that a repetition of the same or any similar act will warrant a more severe penalty. The Issue The sole issue before the Court is whether respondent should be imposed the penalty as recommended by the OCA for her repeated failure to issue the corresponding alias writs of execution despite directives from the RTC. The Courts Ruling The Court finds the recommendation of the OCA to be well-taken. Section 1, Canon IV of the Code of Conduct for Court Personnel [16] enjoins court personnel to perform their official duties properly and with diligence at all times. Clerks of Court like respondent are primarily responsible for the speedy and efficient service of all court processes and writs. Hence, they cannot be allowed to slacken on their work since they are charged with the duty of keeping the records and the seal of the court, issuing processes, entering judgments and orders, and giving certified copies of records upon request. As such, they are expected to possess a high degree of discipline and efficiency in the performance of their functions to help ensure that the cause of justice is done without delay. [17] As an officer of the court, respondent was duty-bound to use reasonable skill and diligence in the performance of her officially-designated duties as clerk of court, [18] failing which, warrants the imposition of administrative sanctions. In this case, respondent unjustifiably failed to issue the alias writs of execution to implement the judgment in Civil Case No. 18978 despite orders from the RTC. Moreover, she failed to file the required comment in disregard of the duty of every employee in the judiciary to obey the orders and processes of the Court without delay. Such act evinces lack of interest in clearing her name, constituting an implied admission of the charges. [19] Consequently, the Court finds her guilty of refusal to perform official duty classified as a grave offense under Section 52(A)(18) of the Revised Uniform Rules on Administrative Cases in the Civil Service, punishable with suspension of six (6) months and one (1) day to one (1) year for the first offense and by dismissal for the second offense. WHEREFORE , the Court finds respondent ATTY. EVA G. BASIYA-SARATAN GUILTY of refusal to perform official duty and accordingly, SUSPENDS her from office for six (6) months and one (1) day without pay effective immediately upon receipt of this resolution. She is STERNLY WARNED once again that a commission of the same or similar offense in the future shall be dealt with more severely. Let a copy of this resolution be attached to the personal records of respondent in the Office of Administrative Services, Office of the Court Administrator. SO ORDERED.