PARTIES

&
CASE No.

CHARGES
AGAINST
RESPONDENT

RESOLUTION
OF THE
SUPREME
COURT

FINAL
DECISION OF
THE SUPREME
COURT

THE CORE
MORAL
VALUES
VIOLATED

THE VIRTUES
IGNORED

VICES THAT
RESPONDENT
WAS
INVOLVED

Re: Deceitful Conduct

of Ignacio S. del
Rosario, Cash Clerk III,
Records and
Miscellaneous Matter
Section, Checks
Disbursement Division,
FMO-OCA.

Dishonesty, grave
abuse of trust and
confidence, and
conduct extremely
prejudicial to a civil
servant, specifically
a SUPREME
COURT
EMPLOYEE.

The Court finds that

Del Rosarios
actions constituted
dishonesty and
demonstrated
conduct prejudicial
to the best interest
of the service. As
an OCA employee,
Del Rosario is
expected to set a
good example for
other court
employees in the
standards of
propriety, honesty
and fairness. He is
expected to
possess a high
degree of work
ethic, and abide by
the strictest
principles of ethical
conduct and

Ignacio S. del
Rosario, Cash
Clerk III of the
Records and
Miscellaneous
Matter Section,
Checks
Disbursement
Division, Fiscal
Management
Office-Office of the
Court Administrator
is hereby DISMISS
from the service for
Dishonesty and
Conduct Prejudicial
to the Best Interest
of the Service. The
penalty of dismissal
shall carry the
accessory penalties
of forfeiture of all
his retirement
benefits, except

Responsible
dominion over
material thing, love
of truth and respect
for ones good
name.

Honesty, fairness
and integrity

Greed

A.M. No. 2011-05-SC

decorum both in his

professional and
private dealings.
Del Rosario failed
to meet these
standards for he
placed his personal
interest over the
interest of an
employee who
trusted him as a
friend and as an
employee
administering to the
needs of other
employees; he
catered to his own
interest without
regard to the
Courts interest in
promoting and
uplifting the publics
confidence in the
integrity of the
Judiciary, and in the
trustworthiness,
reliability and
honesty of its
employees. The
Court cannot sit idly
as its own

accrued leave
benefits, and with
prejudice to reemployment in any
branch or
instrumentality of
the government,
including
government-owned
or controlled
corporations.

employee violates
the norm of public
accountability in a
manner that
diminishes the
peoples faith in the
Judiciary.
CHRISTOPHER D.
MANAOG vs. ARNEL
JOSE A. RUBIO and
EDGAR C. SURTIDA
II, both Sheriff IV,
Regional Trial Court,
Naga City,
A.M. No. P-08-2521
(Formerly OCA I.P.I.
No. 05-2329-P)

A Complaint for
misconduct,
unethical behavior,
verbal abuse,
manhandling, grave
threat, grave/serious
oral defamation,
harassment, abuse
and usurpation of
judicial power by
Christopher D.
Manaog against
Arnel Jose A. Rubio
and Edgar C.
Surtida, Sheriff IV,
Regional Trial Court
(RTC)-Naga City.

The Court agrees

with the report of
the Executive
Judge and OCA
that found
respondents
Sheriffs Jose Arnel
Rubio and Edgar C.
Surtida II liable for
conduct prejudicial
to the best interest
of the service.
Respondents Rubio
and Surtida should
be held liable for
conduct
unbecoming court
employees. Their
acts of provoking
the complainant
constitute behavior
wholly unexpected
from those in the

The Court finds

Respect for ones
Sheriff Jose Arnel
good name
Rubio GUILTY of
simple misconduct
for which he is
SUSPENDED from
the service for one
(1) month and one
(1) day without pay
with a STERN
WARNING that a
repetition of the
same or similar
offense in the
future shall be dealt
with more severely.
The Court also
finds Sheriff Edgar
C. Surtida II
GUILTY of conduct
unbecoming a court
employee for which
he is

Humility and
respect

Pride and anger

ATTY. DENNIS A.
VELASCO vs. MYRA
L. BATERBONIA
A.M. No. P-06-2161
(Formerly A.M. No.
OCA IPI No. 05-2115P)

A complaint for
malversation of
funds, falsification,
dishonesty, and
grave misconduct.

judicial service.
They should be
reminded that
government service
is people-oriented.
Patience is an
essential part of
dispensing justice,
civility is never a
sign of weakness,
and courtesy is a
mark of culture and
good breeding.
Impatience and
rudeness have no
place in
government service
in which personnel
are enjoined to act
with self-restraint
and civility at all
times.

REPRIMANDED
with the STERN
WARNING that a
repetition of the
same or similar
offense in the
future shall be dealt
with more severely.

The Court helds

that Baterbonias
acts constituted
very serious
administrative
offenses of grave
misconduct that
called for her

The court finds

MYRA L.
BATERBONIA
GUILTY of
dishonesty and
gross misconduct;
and DISMISSES
her from the

Love of truth

Integrity and
honesty

Greed

dismissal from the

service many times
over. In that regard,
her boldness in
repeatedly
committing the acts
erased all
possibility of
leniency towards
her. Baterbonias
grave misconduct,
being a grave
offense, deserved
the ultimate penalty
of dismissal for the
first offense
pursuant to Section
52, A, of the
Uniform Rules on
Administrative
Cases in the Civil
Service. Moreover,
in her defrauding
the Judiciary,
Baterbonia
schemed to have
her acts go
undiscovered by
surreptitiously
tampering the ORs
to make them

service effective
immediately, with
prejudice to
reemployment in
any government
agency, including
government-owned
and controlled
corporations and
with forfeiture of all
retirement benefits,
except accrued
leave credits;

appear to contain
the much
diminished
amounts. She
thereby clearly
abused the trust
and confidence
reposed in her as
the cash clerk of
her court. She
might have
probably incurred
criminal liability for
the complex felony
of estafa through
falsification for
each such occasion
of misappropriation.
Hence, the Court
deems it proper to
instruct the OCA to
initiate the
necessary criminal
charges against her
in the Department
of Justice to make
her answer for any
crimes she might
have been guilty of
committing.

OFFICE OF THE
COURT
ADMINISTRATOR vs.
EVELYN G.
ELUMBARING, Clerk
of Court II, 1st
Municipal Circuit Trial
Court, Carmen-Sto.
Tomas-Braulio E.
Dujali, Davao del
Norte,
A.M. No. P-10-2765
[Formerly A.M. No. 0911-199-MCTC]

Dishonesty and
Malversation of
Public Funds for her
failure to deposit her
collections within
the prescribed
period.

There is no
question as to
Elumbaring's guilt
as she herself
admitted her
transgressions. The
records speak for
itself, as it was
clearly shown that:
(1) she had been
remiss in the
submission of her
financial reports
since March 2006
which violated OCA
Circular No. 542004 and OCA No.
50-95; (2) she
failed to
immediately remit
court collections
pertaining to SAJF
and JDF,
amounting to
P153,356.47 and
P90,578.23,
respectively, which
resulted to
shortages and
untallied court
collections; (3) she

Respondent
EVELYN G.
ELUMBARING,
Clerk of Court II,
MCTC, CarmenSto-Tomas-Braulio
E. Dujali, Davao
Del Norte, is
hereby found
GUILTY of
DISHONESTY. She
is ordered
DISMISSED from
the service with
forfeiture of all
retirement benefits,
except accrued
leave credits, and
with prejudice to reemployment in the
government,
including
government-owned
or controlled
corporations.

Love of truth and

respect for ones
good name

Honesty, fairness
and integrity

Greed

had repeatedly
engaged in the
practice of lapping
to cover up the
misuse of court
collections; (4) she
failed to deposit the
court collections
within the
reglementary
period as most of
her collections
were deposited
only after two or
three months; and
(4) she failed to
immediately refund
the cash bonds to
the
bondsman/accused
even after its
withdrawal, or
deposit the same to
the Fiduciary Fund.