EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA IPI No. 10-3393-RTJ), June 25, 2014.
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We likewise dismiss the charge of conduct prejudicial to the interest of the service. In Consolacion v. Gambito,[10] we said that the rules do not provide a definition of, or enumeration of the acts constituting, conduct prejudicial to the best interest of the service. It refers to acts or omissions that violate the norm of public accountability and diminish – or tend to diminish – the people’s faith in the Judiciary. If an employee’s questioned conduct tarnished the image and integrity of his public office, he is liable for conduct prejudicial to the best interest of the service. We noted in Consolacion v. Gambito that Gambito’s misrepresentation regarding the ownership and actual status of the tricycle which she sold to Consolacion unquestionably undermined the people’s faith in the Judiciary. We also noted Gambito’s transaction with Billamanca where Gambito facilitated two cases for the amount of P15,000, which was supposed to be used for publication, filing fee and sheriff’s fee. Gambito also received P9,000, which was supposed to be for the bail of Erum’s husband, but Gambito used the money to buy her medicines and books of her daughter. We said that Gambito’s unauthorized transactions constitute conduct grossly prejudicial to the interest of the service. In this case, complainants failed to allege any similar conduct on the part of Judge Flores.
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