PROSECUTOR FILIPI NA C. CABAUATAN vs. DOMINGO B.

UVERO, SHERIFF IV, BRANCH 12,

REGIONAL TRIAL COURT, LIGAO CITY, ALBAY
A.M. No. P-15-3329, November 6, 2017
FACTS:
This is a complaint filed by Prosecutor Cabauatan against Sheriff Uvero for· grave misconduct due
to the latter's inappropriate conduct in connection with Criminal Case No. 10141-L, entitled "People
of the Philippines v. Edgar Velasco" filed before the Municipal Circuit Trial Court (MCTC), Polangui,
Alba
Prosecutor Cabauatan averred that on January 18, 2013, Uvero went to her office and tried to give
her money wrapped in a paper, purportedly coming from Nancy,Reynancia (Reynancia), the private
complainant in the above-mentioned case. She claimed that she refused the "bribe" and told Uvero
that she neither accept nor demand money from litigants, and that all cases under her care are given
due course without any money involved. She stressed that such act is in fact contrary to the Anti-
Graft and Corruption Policy, thus, it must be stopped.

ISSUE:
Whether or not the respondent, Domingo Uvero, is guilty of grave misconduct.

HELD:

Yes. The Supreme Court found Uvero guilty of grave misconduct

Section 2, Canon I of the Code of Conduct for Court Personnel, provides that "court personnel shall
not solicit or accept any gift, favor or benefit based on any explicit or implicit understanding that such
gift, favor or benefit shall influence their official actions," while Section 2(e), Canon III states that
"court personnel shall not x x x solicit or accept any gift, loan, gratuity, discount, favor, hospitality or
service under circumstances from which it could reasonably be inferred that a major purpose of the
donor is to influence the court personnel in performing official duties."

In Ramos v. Limeta, grave misconduct is defined as

x x x a serious transgression of some established and definite rule of action (such as unlawful
behavior or gross negligence by the public officer or employee) that tends to threaten the very
existence of the system of administration of justice an official or employee serves. It may manifest
itself in corruption, or in other similar acts, done with the clear intent to violate the law or in flagrant
disregard of established rules.x x x

In this case, Uvero's act of approaching Prosecutor Cabauatan and his subsequent attempt to offer
Reynancia's money compromised the judiciary's good name and standing as true temple of justice.
We emphasize anew that court personnel, regardless of position or rank, are expected to conduct
themselves in accordance with the strict standards of integrity and morality because the acts of court
personnel reflect on the judiciary. This Court has held that the court personnel's act of soliciting or
receiving money from litigants constitutes grave misconduct.
REMEDIOS C. BALBIN, vs. ATTY. WILFREDO R. CORTEZ

A.C. No. 11750, November 22, 2017

FACTS:

The present case is brought about by a disbarment complaint which Atty. Remedios M. Balbin filed
against Atty. Wilfredo R. Cortez, for purportedly violating Rule 8.02 and Canon 9 of the Code of
Professional Responsibility (CPR).

On December 20, 2013, Pedrito Leal Layco, et al. filed an action against Federico Florendo Layco,
et al. for Partition, Reconveyance and Annulment of Sale and Damages with Temporary Restraining
Order and/or Writ of Preliminary Injunction before the Municipal Circuit Trial Court of Tagudin-Suyo,
Ilocos Sur. Respondent Atty. Wilfredo R. Cortez acted as counsel for the plaintiffs, while complainant
Atty. Remedios M. Balbin was the defendants' counsel. Balbin claimed that during a scheduled
hearing in court and while she was absent, Cortez took advantage of the same and discussed the
settlement of the controversy with her clients, which resulted in the forging of an amicable
settlement. Subsequently, Cortez submitted a copy of the compromise agreement to the court
bearing his signature and those of the parties, but without the signature of Balbin as the counsel for
the defendants. Balbin asserted that such acts constituted unethical conduct and gross ignorance of
the law.

ISSUE:

Whether or not Atty Cortez should be dismissed.

HELD:

No. Petition was dismissed due to lack of merit.

Office of the Court Administrator Vs Judge Perla V Cabrera-Faller, et al /Office of the Court
Adminstrator Vs Presiding Judge Fernando L Felicen, et al /Re: Anonymous letter-complaint
against Judge Perla V Cabrera-Faller, etc

A.M. No. RTJ-11-2301/A.M. No. RTJ-11-2302/A.M. No. 12-9-188-RTC. January 16, 2018

FACTS:

In a Report dated 23 February 2011, the Office of the Court Administrator (OCA) narrated its findings
on the judicial audit conducted on 15-17 September 2010 at RTC Dasmariñas.

The team noted several irregularities in the petitions for declaration of nullity and annulment of
marriage:

1. Improper service of summons

Process Server Rizalino Rinaldi B. Pontejos (Process Server Pontejos) had been in the habit
of making a substituted service of summons without compliance with the mandatory
requirements for validly effecting it, as enunciated in Manotoc v. CA
2. No appearance by the Solicitor General
In nine cases, the hearing of the petition proceeded even without the filing of a notice of
appearance by the Solicitor General.
3. No categorical finding on whether collusion existed between the parties/no collusion report at
all
In all his reports regarding the existence of collusion between the parties, Assistant
Provincial Prosecutor Oscar R. Jarlos stated that "the undersigned Prosecutor is not in the
position to tell whether collusion exists."[4] In 10 cases, the hearing of the petition proceeded
even without the submission of the collusion report by the public prosecutor.
4. No pretrial briefs
No pretrial briefs can be found in the records of 11 cases at the trial stage and three that
have been submitted for decision.
5. No formal offer of exhibits/evidence
Two cases were submitted for decision without any formal offer of exhibits/evidence.
6. Non-attachment of the minutes to the records
The minutes were not attached to the records of several cases, and the audit team had
doubts whether the psychiatrist/psychologist who had prepared the evaluation report testified
in court.
7. Irregular psychological evaluation reports
Some of the Psychological Evaluation Reports attached to the records were mere
photocopies. In two cases, the affidavits of the psychiatrist/psychologist were unsubscribed.
The psychological report attached to the record of one case was unsigned and undated.
8. Absence of the public prosecutor's signature in the jurat of the judicial affidavit of the
petitioner in one case
In a Resolution dated 11 October 2011,[5] the Court resolved to docket the Report as A.M.
No. RTJ-11-2301, a case for gross irregularity in the conduct of proceedings in petitions for
declaration of nullity and annulment of marriage. Judge Cabrera-Faller, Officer-in-Charge
Ophelia G. Suluen (OIC Suluen) and Process Server Pontejos were required to explain,
within 30 days from notice, the irregularities observed by the judicial audit team.

ISSUE:

Whether or not the respondents are guilty of gross ignorance of law, simple neglect of duty and
misconduct.
HELD:

Yes. The Supreme Court found the following;

1. Judge Fernando L. Felicen, Presiding Judge, Regional Trial Court of Imus, Cavite, Branch 20, is
found GUILTY of gross ignorance of the law and gross misconduct constituting violations of the
Code of Judicial Conduct. A FINE in the amount of P80,000 shall be deducted from his retirement
benefits.

2. Judge Norberto J. Quisumbing, Jr., Presiding Judge, Regional Trial Court of Imus, Cavite, Branch
21, is found GUILTY of gross ignorance of the law and simple misconduct. A FINE in the amount of
P21,000 shall be deducted from his retirement benefits.

3. Judge Cesar A. Mangrobang, Presiding Judge, Regional Trial Court of Imus, Cavite, Branch 22, is
found GUILTY of gross ignorance of the law and gross misconduct constituting violations of the
Code of Judicial Conduct. A FINE in the amount of P80,000 shall be deducted from his retirement
benefits.

4. Judge Perla V. Cabrera-Faller, Presiding Judge, Regional Trial Court of Dasmariñas, Cavite,
Branch 90, is found GUILTY of gross ignorance of the law and gross misconduct constituting
violations of the Code of Judicial Conduct. Considering that she had been previously dismissed from
service in A.M. No. RTJ-16-2472 (Formerly OCA IPI No. 13-4141-RTJ), a FINE in the amount of
P80,000 shall be deducted from whatever amounts may still be due her.

5. Atty. Allan Sly M. Marasigan, Clerk of Court V, Regional Trial Court of Imus, Cavite, Branch 20, is
found GUILTY of simple neglect of duty. He is ordered SUSPENDED for a period of one month and
one day.

6. Atty. Seter M. Dela Cruz-Cordez, Clerk of Court V, Regional Trial Court of Imus, Cavite, Branch
22, is found GUILTY of simple neglect of duty. She is ordered to pay a FINE equivalent to her salary
for a period of one month to be taken from whatever sums may be due her as retirement, leave or
other benefits.

7. Ophelia G. Suluen, Officer-in-Charge and Legal Researcher, Regional Trial Court of Dasmariñas,
Cavite, Branch 90, is found GUILTY of simple neglect of duty. She is ordered SUSPENDED for a
period of one month and one day.

8. Anselmo P. Pagunsan, Jr., Sheriff IV, Regional Trial Court of Imus, Cavite, Branch 20, is found
GUILTY of simple neglect of duty. He is ordered SUSPENDED for a period of one year.

9. Hipolito O. Ferrer, Process Server, Regional Trial Court of Imus, Cavite, Branch 20, is found
GUILTY of simple neglect of duty. He is ordered SUSPENDED for a period of one month and one
day.

10. Wilmar M. De Villa, Sheriff IV, Regional Trial Court of Imus, Cavite, Branch 21, is found GUILTY
of simple neglect of duty. He is ordered SUSPENDED for a period of six months.
11. Elmer S. Azcueta, Process Server, Regional Trial Court of Imus, Cavite, Branch 22, is found
GUILTY of simple neglect of duty and conduct prc:judicial to the best interr.!st of lhe service. He is
ordered SUSPENDED for a period of one year and one day.

12. Rizalino Rinaldi B. Pontejos, Process Server, Regional Trial Court of Dasmariñas, Cavite,
Branch 90, is found GUILTY of two counts of simple neglect of duty. He is ordered SUSPENDED for
a period of six months.

13. Alma N. Serilo, Social Worker Officer II, Office of the Clerk of Court, Regional Trial Court of Imus,
Cavite, is found GUILTY of conduct prejudicial to the best interest of the service. She is ordered
SUSPENDED for a period of six months and one day.

Atty. Allan Sly M. Marasigan, Atty. Seter M. Dela Cruz-Cordez, Ophelia G. Suluen, Anselmo P.
Pagunsan, Jr., Hipolito O. Ferrer, Wilmar M. De Villa, Elmer S. Azcueta, Rizalino Rinaldi B. Pontejos
and Alma N. Serilo are STERNLY WARNED that a repetition of the same or similar acts shall
warrant a more severe penalty.

The complaints against Atty. Regalado E. Eusebio, Clerk of Court VI, Office of the Clerk of Court,
Regional Trial Court of Imus, Cavite; Imelda M. Juntilla, Court Interpreter; and Teresita P. Reyes,
Court Stenographer, both of the Regional Trial Court of Imus, Cavite, Branch 20, are DISMISSED for
lack of merit.