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351 Phil. 604
EN BANC
[ A.M. No. SCC-95-2, March 31, 1998 ]
OFFICE OF THE COURT
ADMINISTRATOR, COMPLAINANT VS. JUDGE AMER BARA-ACAL, RESPONDENT.
R E S O L U T I O N
PER CURIAM:
A letter signed
by “The Concerned Citizens of Tawi-Tawi,” dated July 15, 1994, was sent to the
office of Chief Justice Andres Narvasa bringing to his attention the alleged
failure of Judge Amer Bara-acal to report to his official station at the
Shari’a Circuit Court, Bongao, Tawi-Tawi.
The letter was
sent for “Discreet Investigation” by the Office of the Court Administrator
(OCA) to Judge Carlito Eisma, RTC, Branch 13, Zamboanga City, to determine the
veracity of the said anonymous complaint.
On October 28,
1994, Judge Carlito Eisma directed his Legal Researcher II, Abu B. Talipan, of
RTC, Branch 13, Zamboanga City to conduct a discreet investigation. The latter reported to Judge Eisma that,
according to information received from several persons, namely: (1) the
stenographer of the Shari’a Circuit Court; (2) the Staff Assistant II; (3) the
Clerk of Court; and (4) the Provincial Chief; Office of Muslim Affairs,
respondent Judge had indeed not been reporting regularly for work. The stenographer further stated that from
the time he assumed his office on June 1994 to November 1994, Judge Bara-acal
never appeared in their office.
On June 26,
1995, the OCA sent a telegram to the Clerk of Court of respondent’s station
requesting copies of decisions and resolutions by their court from January to
May 1995 and the court’s calendar for 1994 up to the early part of 1995. In reply, Mr. Alykhan T. Amilbangsa sent
four orders issued by re on October 2, 1994, November 7, 1994, November 16,
1994 and May 3, 1995. Likewise submitted
was the court's calendar showing a total of six (6) settings. Based on said records, it appears that no
regular trial and/or hearing was ever conducted by the respondent.
On February 6,
1996, the report of Mr. Abu B. Talipan was treated by the Court as an
administrative complaint against Judge Amer Bara-acal. Upon being asked to comment on the
administrative complaint against him, respondent denied the allegations therein
and moved for its dismissal.
On August 14,
1996, the Court resolved to refer the case to Judge Salvador A. Memoracion,
RTC, Branch 85, Isabela, Basilan for investigation, report and
recommendation. After interviewing the
personnel of the Shari'a Court, Judge Memoracion reported that respondent
seldom went to his station in Bongao, Tawi-Tawi, although he regularly received
his monthly salary. Furthermore, he
reported that respondent's certificates of service for the period January 1994
- April 1994 and June 1994 - October 1994 were a total falsity as respondent
never rendered regular service.
On October 16, 1996, the Court referred the
case again to Judge Memoracion for a more thorough investigation.
During the
second investigation, the following employees of the MCTC, Bongao, Tawi-tawi,
stated that they were longtime residents of Bongao and that they had never seen
respondent in the said place to wit:
(1) Mrs. Julieta Morales, 45 years old, Court Stenographer;
(2) Miss Rapia Ikkao, 44 years old;
(3) Mr. Abdal-Azing Amilbangsa, Sr., Clerk of Court; and
(4) Mr. Guillermo Morales, 42 years old, Process Server.
The employees of
the Shari'a Court, who had earlier said that they never saw respondent in the
said court, however, changed their statements. It was obvious that their turnaround was due to the respondent's talking
to them. However, Judge Memoracion
concluded that the statements of the employees of the MCTC were more credible
that those of the employees of the Shari'a Court who personally told him, when
he interviewed them previously on June 26, 1996, that respondent never reported
to the office and was always in his hometown in Malondo, Davao del Sur. Judge Memoracion stated that the fact that
they later repudiated their statements weakens their credibility.
The Court, after
a careful review of the case, is of the opinion that the facts on record show
respondent Judge guilty of absenteeism. His mere denial of the charge of the self serving affidavits of his
employees are not enough to rebut the statements given to by independent and
disinterested witnesses regarding his failure to report to his office.
The interim
Rules and Guidelines implementing Batas Pambansa Blg. 129, promulgated on
January 11, 1983, provides:
"5. Session hours. - Regional Trial Courts Metropolitan Trial Court, Municipal Trial Courts and Municipal Circuit Trial Courts shall hold daily session from Monday and Friday from 8:30 a.m. to 12:00 noon and from 2:00 to 4:30 p.m.
6. Duty during weekends and holidays. - All Executive Judges, whether in single sala courts or multiple sala stations shall assign, by rotation, Metropolitan Trial Judges, Municipal Trial Judges and Municipal Circuit Trial Judges within their respective territorial areas to be on duty on Saturdays from 8:00 a.m.to 1:00 p.m. assisted by a skeletal force, also on rotation, primarily to act on petitions for bail and similar matters.
On Saturday afternoons, Sundays and non-working holidays, any Judge may act on bailable offenses conformably to the provisions of Section 7, Rule 112 of the Rules of Court.
All executive Judges, whether in a single sala shall remain on duty on Saturday afternoon.
7. Motion day. - Except those motions requiring immediate action, all motions should be scheduled for hearing on Friday afternoon, or if Friday is a non-working day, in the afternoon of the next business day."
These provision
were issued to insure maximum efficiency of the trial court and the speedy
administration of justice. Thus, it is
imperative that judges be present during office hours, unless there is a valid
excuse for them to be absent.
In respondent's
case, the charges of absenteeism against him are compounded by the fact that he
submitted Certificates of Service for 1994 indicating that he had never been
absent from office, which act constitutes falsification of official
documents. Respondent's dishonesty in
misrepresenting to the Court his actual service rendered is serious misconduct,
which cannot be countenanced.
Under Memorandum
Circular No. 30 of the Civil Service Commission dated July 20, 1989,
falsification of an official document is considered a grave offense which
warrants the penalty of dismissal. On the
other hand, the penalty for absenteeism or "frequent unjustified absences
without leave"[1] is either suspension from office
without salary and other benefits for one (1) to two (2) months and twenty nine
(29) days or a fine of not less that P10,000.00 but not more than P19,999.00.[2] In the instant case, respondent
judge, was not merely absent on occasion but it was more of a regular practice
on his part as to constitute abandonment of his official station. To compound his misconduct, he submitted
falsified certificates of service to make it appear that he regularly reported
for work. By his blameworthy conduct,
he has tainted the image of the judiciary and no longer deserves to be a member
thereof.
Judges should
bear in mind that those involved in the administration of justice from the
highest to the lowest level must live up to the strictest standards of honesty
and integrity in the public service.[3] Inasmuch as he has indubitably
shown that he is loath, for whatever reason, to report for work and discharge
his judicial duties, the Court is not disinclined to release him completely and
absolutely from said duties.
WHEREFORE, Judge
Amer Bara-acal, of the Shari'a Circuit Court, Bongao, Tawi-Tawi is hereby
DISMISSED from the service with prejudice to reinstatement in the government
service in any capacity, and with the concomitant forfeiture of all earned or
accrued retirement and other benefits.
SO ORDERED.