NORMA SANTOS, complainant, vs. JOYCE TRINIDAD ARLEGUI-HERNANDEZ, Clerk of Court, Metropolitan Trial Court, Branch 58, San Juan, Metro Manila, and Atty. MARLON B. LLAUDER, private practitioner, respondents.

FACTS:

Complainant was one of the defendants in an ejectment case filed with Branch 58 of the Metropolitan Trial Court of San Juan on May 27, 1994, in which the respondent was the then Clerk of Court. On June 7, 1994, she received the Summons with a copy of the Complaint. The said Complaint lacked the necessary certification against forum-shopping as required by Supreme Court Administrative Circular No. 04-94.  Thus, in her Answer, complainant raised such lack of certificate against forum-shopping as an issue. Thereafter, the case was decided in favor of Dr. Baun prompting herein complainant to appeal the same with the Regional Trial Court of Pasig City, Branch 153.  The Regional Trial Court affirmed the decision of the Metropolitan Trial Court so a Petition for Review was lodged by complainant with the Court of Appeals.

While she was trying to secure certified true copies of the documents required in her Petition from the Regional Trial Court of Pasig, complainant discovered that a Certification of Non-Forum Shopping had been inserted in the records.  The certification was undated but bore a notarial date of June 8, 1994.  It also did not bear the stamp of the Metropolitan Trial Court with the word “RECEIVED.” The date of receipt of such document by the clerk of court was likewise not indicated.  Moreover, it was not accompanied by any written motion or pleading seeking leave of court to admit such certification.

ISSUE: Whether or not the respondent committed grave misconduct.

HELD:  YES.

The strictest standard of honesty and integrity in the public service is required of those involved in the administration of justice.

One of the specific duties of a clerk of court is the safekeeping of court records. The clerk of court is charged with the responsibility of maintaining the authenticity and correctness of court records and to keep such records with due diligence, efficiency and professionalism. By allowing the insertion of the certification of non-forum shopping to make it appear that the same was already part of the case records at the time of the filing of the complaint, respondent Hernandez committed an act of dishonesty which constitutes grave misconduct, the same carries the extreme penalty of dismissal from service on commission of the first offense.