623 Phil. 290
LEONARDO-DE CASTRO, J.:
That the judge in the above mentioned case has been abusing his authority as observed by the Heirs of the late Rev. Fr. Jose O. Aspiras as he previously ordered to withdraw the amount of P50,000.00 in his favor from the bank account of the late Rev. Fr. Jose O. Aspiras on December 17, 2004 for him to purchase law books. As per his order, he alleged that, `In the spirit of this Yuletide season and considering the efforts of the Judge of this Court, the guardians in the above entitled case deemed it best to give him fifty thousand pesos (P50,000.00) worth of law books to aid him in his work as a judge.' The truth of the matter is that this has been the idea of Judge Ganay, himself, and was never consented by the guardians. For your reference, attached is a photocopy of this order.
There are still other orders issued by Judge Ganay ordering the bank to release certain amounts from the bank account of the late Rev. Fr. Jose O. Aspiras in his favor without the written consent of the guardians. Unfortunately, photocopies of these orders cannot be attached for your reference as no copies of these orders were sent to the guardians. The copies can be found in the records of the case being kept by the said court.
(a) DIRECT Judge Clifton S. Ganay and Officer-in-Charge/Branch Clerk of Court Precilla Olympia P. Eslao, both of RTC, Branch 31, Agoo, La Union, to submit their respective comments on the letter-complaint dated June 6, 2005 of the Heirs of the Late Rev. Fr. Jose O. Aspiras and the report dated September 22, 2005 of Attys. Reynan M. Dollison and Kenneth P. Fulton, Legal Office, OCA, and to show cause why no disciplinary action should be taken against them, both within ten (10) days from notice hereof; (b) AUTHORIZE the Office of the Court Administrator to secure the complete records of Special Proceeding Case No. A-1026, entitled In the Matter of the Guardianship of Rev. Fr. Jose O. Aspiras; and (c) DIRECT Executive Judge Samuel R. Martires, RTC, Branch 32, Agoo, La Union, to safekeep immediately the case records of Special Proceeding Case No. A-1026, consisting of three (3) volumes, and thereafter, surrender the same to a duly authorized representative of the Office of the Court Administrator.
I am just the implementor of the orders of the guardians. In the case of the property guardians, I only implement if the order is unanimous, i.e., if both property guardians assent.
Why? Because in order to safeguard Reverend Aspiras['] wealth, one property guardian not taking advantage of the other, it was arranged that I would be the implementor of their orders. And so if the guardian over the ward's person says that the ward should have a wheelchair and the property guardians say okay, I issue an order directed to the bank manager where the ward's moneys are to release the stated amount (after a choice of wheel-chair was made by the guardian over the ward's person). The bank issues a check and have it delivered to the OIC-Branch Clerk of Court, from which the guardian over the person retrieves. That way there will be no lamangan, no gulangan between the two (2) property guardians belonging to opposite camps.
The prepaid cell cards were purchased upon the knowledge and approval of the property guardians.
There were 7 cellphones which were regularly fed with prepaid cell cards. These were automatic expenses on a regular basis. The regularity was every 2 months because the lifetime of a prepaid card is 60 days. Hence, the amount of regular expenses for prepaid cards was something like P21,000.00 annually. For 2 years, the regular amount was something like P42,000.00.
The 3 cellphones mentioned in the Memorandum (November 2004) were the replacement cellphones of the 3 guardians.
My position as OIC-Branch Clerk of Court functioned as the clearinghouse so that there could be monitoring of the activities regarding the ward in this special proceeding.
There was nothing irregular in all these purchases because they were upon the written orders of Judge Ganay, who, in turn, was himself requested-ordered by the property guardians.
BESIDES, the parties had long ago buried the hatchet as of August 22, 2005 even before the 2 OCA lawyers came to this Court (August 31, 2005).
This is a case of a false alarm.
When Father Aspiras suffered a stroke sometime in September of 2001, paralyzing a portion of his body, his sister Gloria Aspiras Mamaril filed a petition for guardianship asking the Court that she be appointed guardian primarily because she is a sister. This was opposed by Helen Grace Canlas, a daughter of Alejandro Aspiras (brother of Father Aspiras). After several hearings that established the legal incompetency of Father Aspiras, the heirs including those with stakes to protect (numbering more than 25 in all) agreed that the personal guardian should be, as she was appointed by the Court eventually, HELEN GRACE CANLAS. The property guardians who were appointed were the living brother and sister of Father Aspiras, namely Gloria Aspiras Mamaril and Alejandro Aspiras. Both Gloria Aspiras Mamaril and Alejandro Aspiras are retired public servants, Gloria, being a retired DEPed elementary school teacher while Alejandro, a retired Navy man. After 2 years or so as one of the property guardians, because he could no longer come up to the third floor where Branch 31 RTC holds office, Alejandro Aspiras begged off, to be substituted by one of his learned daughters, Professor Mercedita A. Mabutas. She was appointed later in lieu of her father. She is a Professor of Don Mariano Marcos Memorial State University (DMMMSU) based in AGOO, La Union.
Normally, a ward of a Court has only one guardian. But the ward of this Court, Father Jose Aspiras, had three (3) guardians. This is because I had to accommodate both warring camps to avert a continuing war that would not redound to the benefit of the ward of the Court.It was agreed that no withdrawals from the bank account of Father Aspiras shall be allowed without a written order from me.x x x
In order that not one of the 3 guardians could act independently of the other, a system was developed whereby the judge (and that's me) only could order the manager of the bank to issue a check in such amount that will cover and answer for a certain need (see, also pages 8-9, ADVANCE COMMENT, March 21, 2006).
In other words, I and I alone, by agreement with the guardians, held the key to the bank vault.
While I held the key to the bank, the property guardians were the ones who could request-order me to instruct the manager of the bank to draw or issue a check.x x x
Contrary to what the writer of that Letter-Complaint dated June 6, 2005, every order for the withdrawal of moneys have been all highly REGULAR. There was nothing that was irregular.
That's why after the heirs have chosen to peacefully settle among themselves in the last week of July 2005, I was prevailed upon by the heirs to stay a little longer so that I can make orders to the bank manager for the eventual, which was a certainty, distribution of the moneys for the heirs. On August 22, 2005, after the filing of the inventory of properties by the property guardians, on the same date (August 22, 2005), the heirs executed an EXTRAJUDICIAL SETTLEMENT AND ARRANGEMENT OF ESTATE, which wrote finis to the squabble among the heirs and the sub-heirs. Eventually their shares in money were distributed. I was hailed as a hero, savior, Santa Claus, godfather. Some of the heirs adopted me a member of their family. All of them gave balatos one way or another all due to the fast distribution of their shares. Those who came from Australia, Tarlac and outlying areas beyond the Province of La Union were most grateful.
xxx First, I fear God and the Supreme Court. Second, I was not raised that way by my poor but dignified parents (mother: retired DEPed public school principal; father: deceased, municipal employee). Third, I am satisfied with my present earning. Fourth, I have no need for that kind of sum. Fifth, I have a name to protect, being the recipient of many awards. And sixth, I am an automatic applicant to the Court of Appeals by virtue of R.A. 6713.
RECOMMENDATION: Respectfully submitted for the consideration of the Honorable Court are our recommendations that:After a judicious review of the record of this administrative matter, we find that respondent Judge Ganay has indeed violated Sections 13 and 14, as well as Section 15, of Canon 4 of the New Code of Conduct for the Philippine Judiciary.[19] The aforesaid provisions on Propriety state:
a) the instant administrative case be REDOCKETED;
b) Judge Clifton U. Ganay, Presiding Judge, Regional Trial Court, Branch 31, Agoo, La Union, be FINED the amount of FIVE THOUSAND PESOS (P5,000.00);
c) Likewise, OIC-Clerk of Court Precilla Olympia P[.] Eslao, be FINED the amount of Five Thousand Pesos (P5,000.00); [and]
d) The records of Special Proceeding Case No. A-1026, consisting of three (3) volumes, under the custody of the Office of the Court Administrator, (per resolution dated January 17, 2006) shall be returned back to the Regional Trial Court of Branch 31, Agoo, La Union.
SEC. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties.
SEC. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions.
SEC. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or otherwise give rise to an appearance of partiality.
Although every office in the government is a public trust, no position exacts greater demand on moral righteousness and uprightness of an individual than a seat in the judiciary. A magistrate of law must comport himself at all times in such manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public. The New Code of Judicial Conduct for the Philippine Judiciary prescribes that judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. Thus, judges are to avoid impropriety and the appearance of impropriety in all their activities. Likewise, they are mandated not to allow family, social or other relationships to influence judicial conduct or judgment, nor convey or permit others to convey the impression that they are in a special position to influence the judge. The Code clearly prohibits judges or members of their families from asking for or accepting, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties.
As the visible representation of the law and justice, judges, such as the respondent, are expected to conduct themselves in a manner that would enhance the respect and confidence of the people in the judicial system. The New Code of Judicial Conduct for the Philippine Judiciary mandates that judges must not only maintain their independence, integrity and impartiality; but they must also avoid any appearance of impropriety or partiality, which may erode the people's faith in the judiciary. Integrity and impartiality, as well as the appearance thereof, are deemed essential not just in the proper discharge of judicial office, but also to the personal demeanor of judges. This standard applies not only to the decision itself, but also to the process by which the decision is made. Section 1, Canon 2, specifically mandates judges to `ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of reasonable observers.' Clearly, it is of vital importance not only that independence, integrity and impartiality have been observed by judges and reflected in their decisions, but that these must also appear to have been so observed in the eyes of the people, so as to avoid any erosion of faith in the justice system. Thus, judges must be circumspect in their actions in order to avoid doubt and suspicion in the dispensation of justice. xxx