False entries

Court employees must see to it that all entries in their Personnel Data Sheet (PDS) are true and correct. Otherwise they may find themselves jobless even if they subsequently pass the Career Service Professional Examination given by the Civil Service Commission (CSC) like what happened to Marlyn in this case.

Marlyn became the Clerk of Court of a Municipal Trial Court (MTC) upon the recommendation of the live-in partner of the MTC Judge himself. The PDS she submitted reflected that she is a Bachelor of Science in Commerce (BSC) graduate of a University in Cebu. The entries made by Marlyn however were denied by the School Registrar who issued a certification stating that their office does not have the original record of Marlyn. The Registrar further certified that the machine copy of the transcript of record of Marlyn show that she graduated May 24, 1984 when the exact date of graduation for summer was May 12, 1984; that they do not have Bachelor of Science in Commerce major in Commerce course in their school but Bachelor of Science major in Accounting.

So in a letter complaint sent by an anonymous retired Court employee, Marlyn was administratively charged with Falsification of Public Documents allegedly for submitting a fake diploma and for falsifying her school records to make it appear that she was a graduate of a four-year course when, in fact, she only finished a two-year course.

Marlyn belied the allegation that she submitted falsified documents to support her appointment. She pointed out that she qualified and passed the Career Service Professional examination given by the CSC. She explained that the CSC required the submission of all pertinent documents including her school records which were all scrutinized for authenticity. She thus pointed out that apparently the requirements were in order, otherwise she would not have been allowed to take the examination.

But the investigating judge found her guilty of dishonesty and recommended that she be fined P10,000. The Office of the Court Administrator (OCA) sustained such finding but recommended her dismissal. The OCA said that Marlyn’s act of stating in her PDS that she was a college graduate when the truth is otherwise, amounts to dishonesty by misrepresentation and falsification of an official document which is a grave offense punishable by dismissal. Was the OCA correct?

Yes. It has been established by substantial evidence that Marlyn falsified her PDS. Through such falsification, she gained undue advantage over qualified applicants to the same position. Making erroneous entries to accomplish the PDS, amount to dishonesty and falsification of an official document which are considered grave offenses punishable by dismissal.

Every employee of the judiciary especially the Clerk of Court should be an example of integrity, uprightness and honesty not only in the performance of his duties but also in his personal and private dealings with other people to preserve the court’s good name and understanding. Hence Marlyn should really be dismissed with forfeiture of all retirement benefits except accrued leave credits and with prejudice to re-employment in any branch, agency or instrumentality of the government (Retired employee, MTC Sibonga, Cebu, vs. Manubag, A.M. P-10-2833, December 14, 2010).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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