Wednesday, June 1, 2022

RODOLFO B. BAYGAR, Sr. v. Judge LILIAN D. PANONTONGAN A.M. NO. MTJ-08-1699 : March 17, 2009


CHICO-NAZARIO, J.:

Doctrine:

The Court cannot overemphasize that the conduct required of court personnel must always be beyond reproach and circumscribed with the heavy burden of responsibility as to free them from any suspicion that may taint the judiciary. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

Facts:

Complainant and a certain Arsenio Larga (Larga) were apprehended for violation of Presidential Decree No. 449 (Cockfighting Law of 1974), in relation to Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling), by three policemen, namely, Senior Police Officer 1 (SPO1) Arnel Anore, Police Officer (PO) Oligario Salvador, and Ian Gatchalian Voluntad. The criminal complaint against complainant was docketed as Criminal Case No. 02-0843 and raffled to MTC, Branch 1 of Binangonan, Rizal.

Complainant and Larga were brought to the Police Precinct of Binangonan, Rizal, for detention. Larga was released in the morning of 12 August 2002 allegedly after payment of bail in the aggregate amount of 2,300.00 to PO Reynaldo Gonzaga.1 Complainant was released only in the afternoon of the same day after his wife Wilfreda Baygar (Wilfreda), upon the instructions of PO Joaquin Arcilla (Arcilla), paid 3,020.002 to respondent Process Server Tiraña.

It so happened that in the afternoon of the same day, 12 August 2002, respondent Judge Panontongan already promulgated her Decision.

Following his release from police custody, complainant filed before the Office of the Ombudsman a complaint for arbitrary detention and violation of Section 3(e) of Republic Act No. 3019, against five police officers; Atty. Fernando B. Mendoza, a lawyer from the Public Attorney’s Office (PAO); and respondents Judge Panontongan and Process Server Tiraña of the MTC.

Complainant also filed a final complaint against Presiding Judge Lilian G. Dinulos-Panontongan for illegal, improper and unethical conduct.

Issue: Whether the respondents orchestrated and made it appear that he pleaded guilty to a crime for which he was detained, during the simulated arraignment in the sala of Judge Panontongan, when in truth and in fact he did not attend any proceeding.

Ruling: Yes. After an examination of the records, the Court affirms the findings and conclusions of the OCA but modifies the recommended penalties.

A public office is a public trust, public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Indeed, the image of the court of justice is necessarily mirrored in the conduct even of minor employees; thus, they must preserve the judiciary’s good name and standing as a true temple of justice. This Court has often reminded its personnel of the high norm of public service.

Respondent Process Server Tiraña clearly failed to observe the standard of conduct and behavior required of an employee in the judiciary, and he cannot avoid responsibility for his acts. However, the Court finds the recommendation of dismissal by the OCA to be too harsh, it appearing that this is respondent Process Server Tiraña’s first offense in his 21 years in government service. Suspension for one year without pay is already sufficient penalty given the circumstances.

As for the respondent Judge, the Court pronounced that, nonetheless, judges must not only be fully cognizant of the state of their dockets; likewise, they must keep a watchful eye on the level of performance and conduct of the court personnel under their immediate supervision who are primarily employed to aid in the administration of justice. The leniency of a judge in the administrative supervision of his employees is an undesirable trait. It is therefore necessary that judges should exercise close supervision over court personnel.31 Respondent Judge Panontongan must therefore be warned to be more circumspect in her supervision of court personnel, such as respondent Process Server Tiraña.


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