OFFICE OF THE COURT ADMINISTRATOR vs.

The natural instinct of a man is to resist an unfounded

MRS. ELADIA T. CUNTING
A.M. No. P-04-1917 | December 10, 2007
En Banc | Justice Antonio Nachura
Digest by Miguel Alleandro M. Alag
FACTS:
The audit team of the OCA investigated the financial
state of the MTCC of Zamboanga City. This is due to a
letter received by the OCA which contains a complaint
against the Clerk of Court of the MTCC of Zamboanga
City, Eladia T. Cunting, who allegedly caused the
delay in the release of the full amount adjudged in
favor of her client, and the dishonor of the checks due
to insufficiency of funds.
claim or imputation and defend himself, for it is totally
against human nature to remain silent and say nothing
in the face of false accusations. Silence, in such
cases, is almost always construed as an implied
admission of the truth thereof.
Thus, in the absence of any compelling reason to hold
otherwise, the Court take Cunting’s silence as a waiver
to file her comment and an acknowledgment or implied
admission of the truthfulness of the charges against
her.

The audit team found that Cunting had been remiss in

the performance of her duties and that there were
massive shortages in the court’s funds.

The Court, in a resolution, directed Cunting to: (1)

Deposit the amounts of P10,049,496.60 to the
Fiduciary Trust Fund account, P972,634.02 to
Judiciary Development Fund account, and
P117,093.36 to the Special Allowance for Judiciary
account; and (2) submit the court orders,
acknowledgment receipts and other documents
showing the unauthorized withdrawals from the said
accounts.

Cunting asked for an additional period of thirty (3) days

within which to comply with the Court’s Resolution.
The Court granted the request for extension of time.
However, Cunting did not submit any document within
the extended period.

The Court issued a Resolution directing Cunting to

show cause as to why she should not be disciplinarily
dealt with for failure to file her answer and submit the
required documents. Still, Cunting failed to comply.

The OCA recommended, among others, that Cunting

be found guilty of gross neglect of duty, dishonesty
and gross misconduct.

ISSUE: Whether or not Cunting’s silence (i.e., failure

to file her answer and submit the required documents)
should be construed as an implied admission of the
charges against her.

RULING:

YES. Cunting’s failure to exert any effort to defend

herself from the charges against her should be
construed as an implied admission of the said charges.

Section 33. Admission by silence. – An act or

declaration made in the presence and within the
hearing or observation of a party who does or says
nothing when the act or declaration is such as
naturally to call for action or comment if not true,
and when proper and possible for him or her to do
so, may be given in evidence against him or her.