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Ethics

First Posted 08:54:00 12/07/2009

Part 5



JOANA GILDA L. LEYRIT, ASUNCION ESPINOSA, MARY ANN LASPIÑAS, NATIVIDAD SULLIVAN, ELENA MOLARTE SOLAS, JULIE FELARCA and RENE F. GANZON, Complainants,

- versus -

NICOLASITO S. SOLAS, CLERK OF COURT IV, MUNICIPAL TRIAL COURT IN CITIES (MTCC), ILOILO CITY, Respondent.

A.M. No. P-08-2567

(Formerly OCA I.P.I. No. 99-670-P)

x - - - - - - - - - - - - - - - - - - - - - - -

MA. THERESA ZERRUDO, MARY ANN F. LASPIÑAS, ELENA MOLARTE SOLAS, MA. NATIVIDAD A. SULLIVAN, RENE F. GANZON, JOANNA GILDA J. LEYRIT, SALVACION D. SERMONIA, JULIE L. FELARCA, MARICAR A. LARROZA, ASUNCION O. ESPINOSA, EMMA DELA CRUZ, SALVACION VILLANUEVA and NOENA DAQUERO, Complainants,

- versus -

NICOLASITO S. SOLAS, CLERK OF COURT IV, MUNICIPAL TRIAL COURT IN CITIES (MTCC), ILOILO CITY, Respondent.



A.M. No. P-08-2568

(Formerly OCA I.P.I No. 99-753-P)

Promulgated: October 30, 2009

Failure to observe such standards of conduct would erode the dignity and honor of the courts or lay open to suspicion the official conduct of court personnel. It bears stressing that the image of a court of justice is mirrored by the conduct, official and otherwise, of its personnel who are all bound to adhere to the exacting standards of morality and decency in both their professional and private actuations. These norms, it should be kept in mind, are ever so essential in preserving the good name and integrity of the judiciary.

Respondent ought to be reminded that a clerk of court, as the administrative assistant of the presiding judge, is an important functionary of the judiciary. The administrative functions of a clerk of court are vital to the prompt and sound administration of justice. The clerk of court should be a role model for other court employees to emulate in the performance of duties, as well as in the conduct and behavior, of a public servant. A clerk of court cannot err without affecting the integrity of the court or the efficient administration of justice. A clerk of court should set the example for other court personnel in the observance of the standards of morality and decency, both in official and personal conduct. As part of the administrative functions of a clerk of court, he/she is expected to foster harmony and cooperation in the office so as to ensure effective and efficient service to the public.

Evidently, respondent failed to observe proper decorum in his dealings with his subordinates and to serve as a model for the other court employees in his conduct and actuations. Instead, he fomented discord, and led those under him to division by unequally and unfairly treating some of his subordinates, particularly the complainants, while favoring others. As expected, respondent's irritable and haughty behavior towards complainants affected the latter's performance of their duties, which, in turn, harmed the integrity of the entire OCC-MTCC.

While complainants may have indeed defied and disobeyed respondent, the latter should have taken the higher ground and resisted the urge to retaliate with similarly disrespectful behavior. Respondent would not gain the respect and obedience of his subordinates by merely demanding the same and wielding an iron hand in the office. There is no showing that respondent made any attempt to have a dialogue with complainants to address the dispute between them.

(To be continued)


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