Pentecostes v.
Marasigan
A.M. No. P-07-2337 (August 3,
2007)
Atty. Marasigan gets 15-day
suspension for misconduct in
failing to safeguard a motorcycle.
Facts:
The administrative case against
Atty. Hermenegildo Marasigan,
Clerk of Court VI of the Regional
Trial Court (RTC) of Kabacan, North
Cotabato, arose from the loss of a
motorcycle that was under his
custody. The motorcycle, a
Kawasaki, was initially recovered by
the Philippine National Police (PNP)
from suspected carnappers,
leading to the filing of Criminal
Case No. 1010. The motorcycle was
turned over to Marasigan by the
M'lang police chief on August 1,
1995, and he acknowledged receipt
of it.
After hearings to determine the
rightful owner, the RTC issued an
order on November 15, 2000,
directing the release of the
motorcycle to its owner, Rolly
Pentecostes. However, when
Pentecostes requested the release,
Marasigan delayed the process,
asking him to return multiple times
from 2001 until the complaint was
filed in 2004.
In his defense, Marasigan claimed
that after receiving the motorcycle,
he had it inspected and then
instructed a utility worker to take it
to the Kabacan police station. He
stated that he and the worker
regularly checked on the
motorcycle during court hearings.
However, when they sought to
retrieve the motorcycle in late
2004, they discovered it was
missing. Marasigan prepared a
letter-complaint for assistance in
recovering the motorcycle, but
Pentecostes refused to sign it.
Pentecostes contended that the
motorcycle was in good condition
when it was turned over to
Marasigan and accused him of
negligence for failing to safeguard
it. He argued that Marasigan's
attempt to shift blame to the PNP
was an evasion of responsibility.
The case was referred to the
Executive Judge of RTC, Kabacan,
for investigation. The investigating
judge found that while the
motorcycle was indeed delivered to
Marasigan, there was no evidence
to support Pentecostes' claim that
it was "cannibalized" during the
time it was in Marasigan's custody.
The judge noted the lack of a
suitable courthouse and the peace
and order situation in Kabacan at
the time, suggesting that
Marasigan's decision to transfer
custody to the PNP was
reasonable.
Pentecostes filed a motion for
reconsideration, arguing that
Marasigan should be held
accountable for the motorcycle's
loss, regardless of its condition
when turned over to the PNP.
Legal Issues:
1. Whether Atty. Hermenegildo
Marasigan committed grave
misconduct and conduct
unbecoming a public officer
due to the loss of the
motorcycle.
2. Whether Marasigan had the
authority to transfer custody of
the motorcycle to the PNP
without prior court approval.
3. The condition of the
motorcycle at the time of its
transfer and the implications
for Marasigan's liability.
Arguments:
Complainant (Pentecostes):
The motorcycle was in
good running condition
when delivered to
Marasigan.
Marasigan's failure to
safeguard the motorcycle
constituted negligence and
misconduct.
The absence of proper
documentation regarding
the turnover of the
motorcycle to the PNP
indicated a lack of
accountability.
Respondent (Marasigan):
He acted in good faith and
followed the advice of the
executive judge regarding
the transfer of custody.
The motorcycle was
missing due to
circumstances beyond his
control, and he had made
efforts to recover it.
The motorcycle's condition
was not his responsibility,
as he had no knowledge of
its state when it was
turned over to the PNP.
Court's Decision and Legal
Reasoning:
The court found Atty. Marasigan
guilty of simple misconduct. It
emphasized that clerks of court
have a critical role in the
administration of justice, including
the safekeeping of evidence and
public property. The court noted
that Marasigan failed to secure
prior authority from the trial court
before transferring the
motorcycle's custody, which was a
violation of established rules.
The court acknowledged that while
there was no evidence to
conclusively prove the motorcycle
was in poor condition when it was
turned over to Marasigan, he was
still responsible for its safekeeping.
The loss of the acknowledgment
receipt and the lack of
documentation regarding the
transfer to the PNP were viewed
unfavorably, reflecting poorly on
Marasigan's duties.
The court concluded that
Marasigan's actions constituted
simple misconduct, as there was no
evidence of bad faith or willful
intent to violate the law.
Consequently, he was suspended
for 15 days without pay, with a
warning that any future similar
conduct would result in more
severe penalties.
Significant Legal Principles
Established:
1. Clerks of court are essential
officers of the judicial system,
responsible for the
safekeeping of evidence and
public property.
2. The transfer of custody of
evidence requires prior
authority from the court, and
failure to do so constitutes
misconduct.
3. Simple misconduct is defined
as a transgression of
established rules, punishable
by suspension, particularly
when there is no evidence of
bad faith.
Signal.ph - Philippine Legal Cases and
Laws
