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GASPAR R. DUTOSME v. ATTY. REY D. CAAYON

FACTS:

Gaspar R. Dutosme filed a complaint against Atty. Rey D. Caayon, the Branch Clerk of Court at the Regional Trial Court (RTC) Branch 61 in Bogo, Cebu. Dutosme alleged that Caayon solicited and received the amount of P2,500 from him in exchange for a copy of a decision in LRC Case No. 61-0053. Caayon claimed that Dutosme gave him the money with the request to give it to Belle Garrido, the stenographer who recorded the proceedings in the case. Caayon admitted to receiving the money but denied that it was for commissioner's fees. Both parties submitted their versions of the incident, and the Office of the Court Administrator (OCA) recommended that Caayon be held responsible for exacting an amount from a party litigant. The OCA found Caayon guilty of violating the provisions of the Manual for Clerks of Court and recommended his suspension from the service for one month without pay. The Court agreed with the OCA's evaluation and suspended Caayon for one month and one day without pay.

ISSUES:

  1. Whether Atty. Rey D. Caayon is liable for soliciting and receiving the amount of P2,500 representing commissioner's and stenographer's fees and not issuing an official receipt.

  2. Whether Atty. Rey D. Caayon violated the provisions of the Manual for Clerks of Court.

RULING:

  1. The Court finds Atty. Rey D. Caayon guilty of Simple Misconduct and suspends him from the service for one (1) month and one (1) day without pay, with a warning that a repetition of the same or a similar offense shall be dealt with more severely. The Court also orders a copy of the Resolution to be attached to the service record of Atty. Rey D. Caayon.

PRINCIPLES:

  • Section B, Chapter II of the Manual for Clerks of Court prohibits demand and/or receipt of commissioner's fees for the reception of evidence ex-parte.

  • The evaluation of the Office of the Court Administrator (OCA) is given weight, particularly when the affidavit executed by the complainant is executed under oath and there is no showing of any motive to fabricate charges against the respondent.

  • The written acknowledgment receipt issued by the respondent carries more weight than the certification and subsequent letter of the stenographers, as it is inconsistent with the tenor of the more convincing evidence.

  • Violation of the provisions of the Manual for Clerks of Court, particularly the prohibition on the collection of commissioner's fee in ex-parte proceedings, constitutes misconduct.

  • Section 52(B), Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service imposes a penalty of suspension for a first offense of misconduct.