324 Phil. 375; 92 OG No. 50, 8186 (December 9, 1996)
MENDOZA, J.:
The evidence adduced by respondent Costelo is uncontradicted. The evidence consists of the testimonies of SPO3 Levi Cosmiano, Mr. Errol Ching, OIC Miguel C. Torlao and that of the respondent himself together with Exhibits"1", "2", "3", "4", "5", "6" and "7" inclusive of their submarkings. The evidence for the respondent belies any malversation, insubordination, grave misconduct or irresponsible behavior.
The cockhouse complained of is an old issue. This has already been investigated by the Office of the Governor of Leyte thru Atty. Leo Giron upon an anonymous complaint sent to the Governor, which was found to [be] concocted.
The cockhouse was shown to be the cockhouse of Sgt. Roberto Gomez of the 354th PC Company. It was constructed fOr Sgt. Gomez by Alejandro Bastida, a CAFGU member who knew carpentry. Sgt. Gomez bought the materials for the cockhouse and caged therein three (3) fighting cocks. This cockhouse was then placed at the back of the comfort room of the barracks. The subject cockhouse was left behind in July, 1991 when the unit of Sgt. Gomez transferred to San Jose, Tacloban City.
In March, 1994 respondent bought five (5) baby turkeys for his own consumption. He made use of the abandoned and dilapidated cockhouse and caged his five (5) baby turkeys therein for one day meantime that he was constructing a new chicken coop for his five baby turkeys. Whichever way the undersigned investigator looks at the situation he finds nothing wrong with this. For one thing respondent used his own money to buy the baby turkeys. And, even if respondent kept them for a while beside the BOQ, respondent was permitted to do so. Besides, raising turkey in one’s backyard to augment income is in line with the government’s policy to encourage backyard farming.
Complainant’s claim that respondent Costelo harvested coconut products within the court premises and appropriated them for the benefit of respondent is not true. It was complainant Bautista who required the harvesting of young coconuts or "buko" for his own consumption and also for the consumption of the court personnel.
The claim by complainant Bautista that respondent constructed a house on the hill behind the court building with materials from the renovated building was found earlier by OIC Miguel Torlao to be untrue. The house referred to by complainant Bautista was constructed by a certain Leonilo Plaza with permission from Sgt. Aniano Lecera. Mr. Plaza was made the overseer of the banana plantation, including the coconut trees in the area.
As early as March 23, 1993 Mr. Torlao had written (Exh. "1") a narrative report thereon. The house referred to by complainant was a small hut with bamboo slots for flooring, straw for roofing and coconut leaves for its walls. There was no lumber used in the construction of this hut. And, the fruits from the farm and banana plants were shared by Mr. Plaza and Sgt. Lecera.
It is noted that Branch 11 occupies only a part of the camp of the defunct 354th PC Company. It was Judge Octavio Astilla who negotiated in July, 1991 with the PC Regional Director Vicente Garcia, Jr. for the use of the Bachelor Officers’ Quarters (BOQ) and the barracks of the 3 54th by RTC Branch 11. The vacated BOQ was [to] accommodate Judge Astilla while the barracks was to house the courtroom, Judge’s chambers and the Office of the Clerk of Court. Judge Astilla assigned the outer room of the BOQ to respondent.
When undersigned assumed Branch 11 in December, 1992, respondent Costelo was allowed to continue using the outer room of the BOQ with the obligation to maintain the premises. He complied with his obligation.
The turkeys and the goats raised by respondent Costelo were transferred later to another area because respondent did not want to exacerbate the conflict with his Clerk of Court. In fact respondent transferred elsewhere when he got married sometime ago. These turkeys and goats are no longer found in the area.
When undersigned assumed Branch 11 he observed that chicken, turkeys, goats, carabaos, cows and horses were a common sight in the area. They were raised by neighbors and allowed to stray. Some goats would enter the courtroom even when the court was in session. Why complainant Bautista did not make an issue out of this should confirm respondent’s counterclaim that the present [sic] is simply to harass him.
The complaint for insubordination is plainly without any leg to stand on. The countercharge by respondent that complainant Bautista bullies him to satisfy complainant’s favorite Stenographer, Carmelino Longakit, appears to be in cadence with logic. The complaint is supported by the lone affidavit of Mr. Longakit who is said to be itching no end to harass and embarrass the respondent. The affidavit is even subscribed and sworn to before complainant himself.
Recently, the Supreme Court En Banc resolved: "(1) in A.M. No. 94-6-203-RTC: to SUSPEND Clerk of Court Bautista from the service for six (6) months for usurpation of the power of the Supreme Court with WARNING that a repetition of similar offense will be’ dealt with more severely; (2) In A.M. No. P-95-1 125: to FINE respondent Bautista in the sum equivalent to two (2) MONTHS SALARY, payable to this Court within thirty (30) days from notice, for his absence without official leave for the period June 13 - July 29, 1994; and to DISMISS all other charges for lack of merit; and (3) in A.M. No. 94-8-248-RTC; to DISMISS respondent Carmelino Longakit from the service with forfeiture of benefits, for absence without official leave, insubordination, and violation of Civil Service Rules and Regulations, and to DISMISS the counter-charge against Judge Maceda for lack of merit."
WHEREFORE, in view of all the foregoing, it is respectfully recommended that the complaint dated April 6, 1994 be DISMISSED for lack of merit. And, appropriate sanction be imposed upon complainant Arturo Q. Bautista for harassing the respondent with this case.
In sum, the charges against respondent revolve around the alleged (a) malversation or illegal use of scrap government construction materials to make a cockhouse, a bed and a house, and unauthorized appropriation of young coconut or "buko" growing from trees within court grounds; (b) raising livestock within court premises; (c) using the courthouse or a portion thereof as residence; and (d) insubordination or insincere compliance to an order to remove the cockhouse and the livestock from court premises.
Respondent appears to have sufficiently overcome the first charge considering the following: (a) that complainant has failed to rebut respondent’s claim that the bed was acquired by purchase in 1990 while the court construction commenced in 1992; (b) that assuming the house on the hill was partially constructed from government materials there is no clear showing that respondent owns it or resides therein; and (c) that the cockhouse is only partially made from few "scrap" of building materials as complainant averred, non refuse or wohless [sic] materials.
As to the alleged eating of young coconuts the charge appears unfounded as other court personnel, including complainant himself, do it. Considering that coconut trees grow on the loaned premises where the barracks (now the courthouse) and the BOQ are found, it is common practice to eat the young coconuts found thereon unless expressly prohibited by the owner government agency.
The second and third charges are admitted by respondent with qualifications. He claims that the livestock is for personal consumption only, while his stay at the court premises was upon the prompting of then Judge Astilla. We do not find the excuses exculpating; Administrative Circular No. 3-92 (re: Prohibition Against Use of Halls of Justice for Residential or Commercial Purposes) is clear and without exceptions. Moreover, it is noted that respondent was invited to stay at the BOQ but it is not known who authorized his stay at the courthouse itself This issue, which complainant raised in his reply, was not explained in respondent’s rejoinder. Accordingly, we find him liable for violation of Adm. Circular No. 3-92.
As to the last charge, we take cognizance of the uncontested allegation that respondent complied albeit "half-heartedly and defiantly." Since there was compliance, we fail to see the ground to hold respondent liable for insubordination.
WHEREFORE, in view of all the foregoing we respectfully submit for the consideration of the Honorable Court, the recommendation that respondent be REPRIMANDED for violation of Administrative Circular No. 3-92 and the charges for malversation and insubordination be DISMISSED for lack of merit.
SUBJECT: PROHIBITION AGAINST USE OF HALLS OF JUSTICE FOR RESIDENTIAL OR COMMERCIAL PURPOSES
All judges and court personnel are hereby reminded that the Halls of Justice may be used only for purposes directly related to the functioning and operation of the courts of justice, and may not be devoted to any other use, least of all as residential quarters of the judges or court personnel, or for carrying on therein any trade or profession.
Attention is drawn to A.M. No. RTJ-89-327 (Nellie Kelly Austria v. Judge Singuat Guerra), a case involving unauthorized and improper use of the court’s premises for dwelling purposes by respondent and his family, in which the Court, by Resolution dated October 17, 1991, found respondent Judge guilty of irresponsible and improper conduct prejudicial to the efficient administration of justice and best interest of the service, and imposed on him the penalty of SEVERE CENSURE, the Court declaring that such use of the court’s premises inevitably degrades the honor and dignity of the court in addition to exposing judicial records to danger of loss or damage.