ANONYMOUS COMPLAINT AGAINST MACEDA

FACTS
 An anonymous complaint, was filed by University of Eastern Philippines (UEP) student, before the OCA
charging Otelia Maceda, Court Interpreter, of (MTC), Northern Samar, of falsifying her attendance in court
so she could attend law classes at UEP. It alleges:
 Maceda is enjoying the privilege of a regular employee and at the same time a regular law student,
who has been going to school for more than 4 years.
 This is being tolerated by the Clerk of Court.
 Maceda has been habitually tardy and absent from office because she leaves the office everyday
before 3:00 p.m. to go to class, since the travel time is 3hrs. The mode of transportation to her school
is by means of water and land vehicles with a distance 70km away from Palapag,
 Maceda makes it appear in her Daily Time Records that she is still in office until 5:00 p.m. when in fact she
is already in school
 Under Civil Service Law and Rules, falsification of DTR is an act of dishonesty a grave offense
 1st Indorsement, the OCA referred the complaint to Executive Judge Jose Falcotelo RTC Laoang for
investigation and report.
Judge Falcotelo’s Report
 Recommended the dismissal of the complaint against Maceda, considering that Maceda pursued her law
studies for self-improvement and that she merely relied on Judge Lagrimas’s permission.
 OCA directed Maceda to file her comment on the letter-complaint
Maceda’s Letter-Comment
 Denied any wrongdoing in the performance of her job and reporting of her official time.
 She properly reported her daily attendance . Her only intention was to enrich her knowledge in relation to her
work in the judiciary by pursuing law studies, for which she was granted permission by the judge of her
court.
OCA’s Report and Recommendations
1. Matter be re-docketed as a regular complaint for Dishonesty
2. Maceda be found guilty of dishonesty and be suspended for 6 months
 During the investigation of this case, respondent was not represented by counsel.
 Respondent invokes her right to counsel as this regular administrative matter will affect employment
with the Judiciary, her law studies, her future Respondent prays for sufficient time to engage the
services of a counsel.
ISSUE/S: W/N Maceda’s Right to Counsel has been violated? NO
RULING: Maceda is guilty of Less Serious Dishonesty, suspended for 6 months and 1 day, and is warned of severe
punishment of the same act.
RATIO
Admission of the documentary evidence attached to the letter-complaint does not violate Maceda’s right to due
process.
 Maceda was accorded her right to due process during the administrative investigation conducted. She was
given an opportunity to answer and be heard on the charges against her.
Documentary evidence obtained does not need Maceda’s consent
 These formed part of her employee records, which the OCA and the Court can freely access even without her
consent.
Maceda’s right to Counsel
 Maceda has knowingly and voluntarily participated in the administrative investigation conducted by Judge
Falcotelo, by the OCA, and finally, by this Court. The administrative investigation began as early as
November 2010, but it was only in Maceda’s Manifestation dated February 2012 that she insisted on
engaging the services of a legal counsel.
 Maceda’s request can no longer be accommodated this far along into the proceedings. Being a court
employee and law student, Maceda is capable of understanding the charges against her and adducing
her defenses herself.
A party in an administrative inquiry may or may not be assisted by counsel.
 The right to counsel under Section 12 of the Bill of Rights is meant to protect a suspect during custodial
investigation.
  Thus, the exclusionary rule under paragraph (2), Section 12 of the Bill of Rights applies only to
admissions made in a criminal investigation but not to those made in an administrative
investigation.
 While investigations conducted by an administrative body may at times be akin to a criminal proceeding, a
party in an administrative inquiry may or may not be assisted by counsel,
 The right to counsel is not always imperative in administrative investigations because such inquiries are
conducted merely to determine whether there are facts that merit the imposition of disciplinary measures
against erring public officers and employees, with the purpose of maintaining the dignity of government
service.
Maceda did indeed falsify her DTRs and is, therefore, guilty of less serious dishonesty.
 Maceda’s Summary of Scholastic Records, showed that her law school subjects starts at 5:30 p.m. Hence, it
was impossible for Maceda to have left the MTC only at 5:00 p.m.