GARINGAN-FERRERAS v. UMBLAS

Wyna Marie P. Garingan-Ferreras Vs. Eduardo T. Umblas

A.M. No. P-11-2989

January 10, 2017

Facts:

Complainant received an email with an attachment purportedly a Certificate of Nullity dated March 24, 2006 of a case entitled Reynaldo Z. Ferraris vs. Wyna Marie G. Ferraris for Declaration of Nullity of Marriage issued by RTC, Branch 33, Ballesteros, Cagayan. The Certificate of Finality which bore the signature of respondent as Officer-in-Charge Clerk of Court stated that the Decision, declaring void ab initio the marriage contracted by complainant with Reynaldo Z. Ferraris in the ground of psychological incapacity, granting complainant the custody to their child, and dissolving their conjugal partnership regime, had already become final and executory.

Complainant does not have knowledge nor received any summon or notices regarding the same. So the complainant asked for a certification from the National Statistics Office regarding the query and it has been confirmed by the NSO.

On the RTC, she found out that this record was not on file. So the Office of the Court Administrator referred the complaint to the respondent himself for his comment. However, respondent Eduardo T. Umblas denies allegations. He stated that the Certificate of Finality is fraudulent and his signatures thereto are not of his own handwriting.

Issue:

Whether or not respondent caused the preparations of, and signed a Certificate of Finality of a non-existent case.

Ruling:

Despite calendaring several settings, no confrontation was made between the two parties. Respondent did not honor any of the said hearings with his presence despite the summons. So the case substantially revolved around the documents submitted by parties.

In the report of the investigating Judge, respondent is guilty beyond reasonable doubt of falsification of official document. His signature on the Certificate of Finality has a striking resemblance to the signature he uses when compared to the signature his signature in the Certificate of Finality.

Respondent failed to validate his claim by any evidence or witnesses. He also failed to attend the hearings scheduled. Considering the gravity of the charge to the respondent, his indifferent attitude towards the case is contrary to the natural reaction of an innocent man who would do great lengths to defend his honor.

Respondent Eduardo T. Umblas is found guilty beyond reasonable doubt of falsification of public and official document. Along with this, he is also dismissed from his position in the RTC.