“x x x.
In the present case, the records of the case reveal that the conduct of Obispo fell short of this standard. By soliciting money from the complainant, even for the purpose of securing the services of a counsel and the filing of the Petition for Annulment of Marriage, among others, he committed an act of serious impropriety which tarnished the honor and dignity of the Judiciary and deeply affected the people’s confidence in it. He committed the ultimate betrayal ofthe duty to uphold the dignity and authority of the Judiciary by peddling influence to litigants, creating the impression that decisions can be bought and sold.9
In the complainant’s letter to the OCA, she narrated how Obispo asked money from her, in the amount of P85,000.00, to obtain a favorable resolution in Civil Case No. R-PSY-10-04477-CV. She presented a note10 signed by Obispo acknowledging "receipt of the amount of P75,000.00 in check with Metrobank Check No. 1429458dated September 22, 2010," with a further notation that states "additional cash advance by Gerry Obispo amounting to ten thousand pesos (P10,000.00) only." Moreover, Obispo admitted in his Answer receipt of the P85,000.00 from the complainant but countered that he merely received the same upon the instructions of the lawyer he secured to handle the case for them.
X x x.
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." Undoubtedly, Obispo’s act of soliciting money constitutes grave misconduct in office which is appalling. It is a grave offense that carries an equally grave penalty. Under Section 22(c) of Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292 (E.O. No. 292) and Other Pertinent Civil Service Laws, gross misconduct is classified as a grave offense. The penalty for this offense isdismissal even for the first offense.
To temper the harshness of the rules, however, the Court has refrained from imposing the extreme penalty of dismissal in a number of cases in the presence of mitigating factors. In Apuyan, Jr. v. Sta. Isabel,12 respondent sheriff’s act of soliciting 0.05% out of theP10,000,000 subject of the attachment or the amount of P50,000 before processing the garnishment of the defendant’s bank account amounted to gross misconduct, dishonesty, and conduct grossly prejudicial to the best interest of the service, which under the Omnibus Rules Implementing Book V of E.O. No. 292 carried the penalty of dismissal from the service even for a first offense. Nonetheless, the extreme penalty was not imposed on the errant employee where there exists mitigating circumstance which could alleviate his culpability. Per report of the OCA, this was the first time that the respondent sheriff has been charged administratively. Thus, instead of imposing the penalty of dismissal, the respondent sheriff was meted the penalty of suspension for one (1) year.
Also, in Baygar, Sr. v. Judge Panontongan, et al.,13 respondent Tiraña, Process Server of the Municipal Trial Court of Binangonan, Rizal, Branch 1, was found guilty of soliciting from the wife of the accused the amount of P3,020.00 with the promise that he would assist in facilitating the release of the accused from jail. The OCA recommended respondent Tiraña’s dismissal from the service withforfeiture of all retirement benefits, except accrued leave credits and withprejudice to re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations. The Court, however, found the recommended penalty of dismissal too harsh, it appearing that this was respondent Tiraña’s first offense in his 21 years in government service. As such, the Court ruled that suspension for one (1) year without pay was already sufficient penalty under the circumstances.
Moreover, the compassion extended by the Court in these cases is not without legal basis. Section 53, RuleIV of the Revised Uniform Rules on Administrative Cases in the Civil Service, grants the disciplining authority the discretion to consider mitigating circumstances in the imposition of the proper penalty.14
The Court also ruled that where a penalty less punitive would suffice, whatever missteps may be committedby the employee ought not to be visited with a consequence so severe. It is not only for the law’s concern for the workingman; there is, in addition, his family to consider. Unemployment brings untold hardships and sorrows on those dependent on wage earners.15 Applying the rationale in the aforesaid judicial precedents and rules, the Court considers as mitigating circumstances the fact that this is the first infraction of Obispo and more importantly, the lack of bad faith on his part in committing the act complained of. The records show that Obispo merely helped the complainant facilitate the annulment proceedings of the marriage of her son, Carlos, and Ria. According to Obispo, his assistance was limted only to his recommendation of a lawyer and a psychologist who were accordingly engaged for the fil'ing of the case in court. True to his words and defense, a careful review of the records show that a portion of the money which Obispo received from the complainant was indeed used as payment for the professional fees of the lawyer and psychologist, the filing fees for the petition, and Sheriffs fees. As a matter of fact, the Petition was shown to have been filed before the RTC of Pasay City, Branch 109, and the receipts16 attached therewith show that the required court fees were paid personally by Atty. Juanita P. Noel, the counsel secured by Obispo for Ria. Nonetheless, for reasons not attributed to the fault or deceit committed by Obispo, the Petition was dismissed at the instance of Ria, who filed a Motion to Withdraw Petition to save her marriage with Carlos. Accordingly, the Court finds that penalty of one (1) year suspension will suffice given the facts and circumstances hereof.
WHEREFORE, respondent Geraldo C. Obispo, Utility Worker I of the Regional Trial Court of Pasay City, Branch 113, is found GUILTY of Grave Misconduct. He is SUSPENDED for one (1) year, without pay with a STERN WARNING that a repetition of the same or similar acts in the future will be dealt with more severely.
SO ORDERED.
X x x.”
Footnotes
* Acting member per Special Order No. 1866 dated November 4, 2014 vice Associate Justice Diosdado M. Peralta.
1 ANTI-GRAFT AND CORRUPT PRACTICES ACT.
2 Rollo, p. 1.
3 Id. at 2.
4 Id. at 8.
5 Id. at 12-14.
6 Id. at 34-35.
7 Id. at 37-39.
8 Villaros v. Orpiano, 459 Phil. 1, 6-7 (2003).
9 Narag v. Manio, 608 Phil. 1, 6 (2009), citing Canlas-Bartolome v. Manio, 564 Phil. 307, 313-314 (2007).
10 Rollo, p. 3.
11 Song v. Llegue, 464 Phil. 324, 330 (2004).
12 A.M. No. P-01-1497, May 28, 2004, 430 SCRA 1.
13 600 Phil. 612 (2009).
14 Judge Arganosa-Maniego v. Salinas, 608 Phil. 334, 348-349 (2009).
15 Re: Unauthorized Disposal of Unnecessary and Scrap Materials inthe SC Baguiocompound, et al., 609 Phil. 482, 501 (2009).
16 Rollo, pp. 22-23.
Source: The Lawphil Project - Arellano Law Foundation
