512 Phil. 523
CALLEJO, SR., J.:
That one of our co-employees named Earla C. Sy, Court Stenographer I, has caused so much trouble/nuisance in our office for so long because of her notorious habit of backbiting not only her co-employees but as well as her superiors; disrespectful and discourteous to her superiors such as leaving the office during office hours without permission; a loud speaker/talkative in the office causing disturbance in the concentration of our works, also an inefficient worker in the performance of her duties, most often our flower vase. It is also of common or public knowledge that she is a married woman with the habit of having illicit affairs with different men even married ones, the daring type, giving a bad image to our office for not making disciplinary measures; and also falsifying official documents by forging signatures.The respondent denied the charges in her Comment[3] dated June 2, 1993. Contrary to the allegations against her, she is one of the most courteous and respectful personnel of the said court, the "silent type" of person when in the office. The respondent also claimed that the allegation of the complainants that she is having illicit affairs with different men was made only to malign her sincerity and trustworthiness. Moreover, during her stay in the MCTC in Ramon Magsaysay, she was never reprimanded nor warned by the Presiding Judge therein. She thus prayed that the case against her be dismissed for being unfounded, and that the complainants be reprimanded for filing a baseless complaint against her.
That corrective measures of reprimanding and warning her by our Presiding Judge has already been made several times, but to no avail. That she is notoriously undesirable and nuisance staff in the office.
That for the good of public service and to restore peace and harmony in the office, as well as trust of the general public in the good image of the judiciary, we strongly request immediate action/investigation appropriate to our petition.[2]
That last May 18, 1993, at around 1:30 p.m., we the undersigned went to the Office of Judge Tamin at RTC Branch 23, Molave, to talk to him personally after knowing that Earla C. Sy, our co-employee, the defendant herein, was already reporting to his office.The case was thereafter referred to Judge Franklyn A. Villegas, RTC, Branch 19, Pagadian City, for investigation, report and recommendation.
Our intention of going to his office at that time was on our [own] volition to explain our side why it happened that we wrote our complaint to the higher authorities in Manila, but instead of giving us the chance to expand further, all [that] he said was that, he is not interested as to what happened in our office, except that, for the exigency of the judicial service, he needs additional stenographer. And that if there will be an investigation to be conducted by the higher authorities regarding this matter, he (Judge Tamin) will refrain from giving sides or comment.
That thereafter, Judge Tamin issued Administrative Order No. 93-001, detailing Mrs. Earla Sy as stenographer in his sala RTC Branch 23, Molave, Zamboanga del Sur. (Xerox copy hereto attached, dated May 19, 1993), just as what he had told us during that time, that he will either detail or absorb her in his office; so that how can he act fairly when he had already promised her that he will absorb her in his office.
The respondent testified that she was appointed as stenographer of the 10th MCTC of Ramon Magsaysay-Midsalip-Sominot on December 13, 1983, presided by Judge Agbu. When the former retired, Judge Diosdado Arriesgado took over in an acting capacity, and Judge Veronica Dondiego later took over.Mrs. Abita M. Antolihao in her Sworn Statement, dated June 24, 1993, that she is an Accounting Clerk II in the Municipal Treasurer's Office of Ramon Magsaysay, Zamboanga del Sur, responsible for the issuance of business permits. She declared that she saw Earla Sy [affix] the signature of the Chief of Police, Alvin Morales on a Police Clearance which is one of the requirements for the issuance of a business permit.
- Disrespectful and Discourteous to Superiors
Complainant Veronica A. Jatico alleged that in 1986, during the incumbency of Judge Delfin E. Agbu respondent Earla Sy was always reprimanded [for] her talkativeness and would grumble once out of the chamber and would display her anger by talking against the judge. She averred that sometimes she would talk back to the judge in an angry manner [Affidavit of Veronica Jatico, dated July 19, 1993]. Furthermore, on December 17, 1992, she informed Judge Veronica Dondiego of the immoral acts of Earla Sy as being rumored around. Acting upon such information, Judge Dondiego advised/reprimanded Earla Sy about the matter but instead of listening, Earla Sy right away stood up and told Judge Dondiego that she has no right to reprimand her on her private life, adding that the Judge can only reprimand her on matters pertaining to her office and she (Earla) enjoyed her affairs and don't mind what other people would say about her.
Complainant Lorna W. Gonzales and Rogelio Casinto stated in their respective affidavits that many times Earla was reprimanded by their Clerk of Court but would talk back showing no respect and would leave the office without asking permission from her immediate superior. This is also corroborated by complainant Henry T. Langam as shown in his affidavit.- Inefficiency
The record is bereft of any evidence tending to show inefficiency on the part of respondent Earla Sy, except a statement by complainant Veronica A. Jatico saying that "sometime during the tenure of Judge Agbu in the year 1986, this Earla was always reprimanded by Judge Agbu because of her talkativeness and her inefficiency in typing by saying 'Earla, ayaw pagsigi ug tabi, kon wala kay trabaho, pagractice ug type' (meaning, Earla do not keep on talking, if you have no work to do, hone your typing skills).- Immorality, by having affairs with different men, even married ones.
Complainant Veronica A. Jatico stated in her affidavit that "on August 12, 1998, during the vigil service of the late Democrito Baidiango, this Earla was present and at about 9:00 o'clock more or less, Earla approached me requesting me that she will sleep in my house that night. That at about 11:00 o'clock, I told Earla that I will go ahead of her and at about 11:30 o'clock more or less, Earla came up to my bedroom at the second storey of the house I rented. She called for me and then I told her that the door was not locked, so she opened it. And then, I went out of my bedroom and told her that her beddings is just right at the floor of the sala because I have only one bedroom. And at this juncture, I noticed and saw Candido Adolfo Jr. was with her. They were talking, so that I cannot wait for Candido Adolfo Jr. to go home, so that I go to bed to sleep. Then when I woke up at about 2:00 o'clock dawn more or less, I opened the door of my bedroom purposely to check Earla and there I saw Earla and Candido Adolfo Jr. lying together side by side. And then I concluded that Earla is really doing illicit affairs because I thought before the tsismis were only hearsay. I saw the two of them Earla and Candido, because there was a mercury light coming from the Zamsureco post beside my house and that our window is also made of glass [Affidavit of Veronica A. Jatico, page 2]. That after Candido Adolfo Jr. got married. [I] saw again Earla always going to the house of Tessie, our MCTC Aide because her brother Rosalio Campo, Jr. has just arrived from Malaysia. She again was seen flirting with ... Rosalio Campo, Jr. There was one instance when after while lying for a nap/siesta, my husband Dominador peeped at the floor of the kitchen of our house which was underneath the bedroom of Rosalio Campo, Jr., and there Dominador saw Rosalio Campo, Jr. and Earla lying together in one bed embracing and facing each other.
And again, I saw Earla flirting with the DILG personnel in the name of Engr. Victor Atanacio. They were seen most often in public places, in the terminal, in the DILG office, in the court hall and sometimes in the Judge['s] chamber talking intimately. This is during noontime, between 12:00 to 1:00 o'clock, more or less.
And lately in the year 1991, Earla was again seen in a public place flirting with the Chief of Police Alvin Morales. They were always talking in the PNP Office, in the court hall, and in the Judge['s] Chamber and under the mango tree in front of the municipal building during office hours talking like love birds without minding what other people would say giving bad impression to the public being a married [woman] which [gives] bad image to our office judiciary. [Id.]
In the Sworn Statement of Lorna W. Gonzales [page 2], she said that she saw Earla with some men on a degree of intimacy higher than just mere friends, such as with Dr. Baltazar Arbis in 1986; Bert Demoni of the PNP in 1986; Mr. Jemuel Dagaraeg of Allied Bank Molave in 1987-91; Candido Adolfo, Jr., an SP Member of Ramon Magsaysay in 1987-1988; Mr. Rosalio Campo, Jr. in 1989; Engr. Victor Atanacio, a former DILG employee of R.M. Zamboanga del Sur; and the latest with PNP Chief of Police of R.M., Zamboanga del Sur, Alvin Morales.
Edilberto Baguio stated that "ew days after election, I came to submit the minutes of my election returns in the office of the COMELEC Registrar. That was 12:30 noon when I arrived in the Office of the Election Registrar which is adjacent to the Court's Session Hall and when I looked at the Session Hall, I saw the Chief of Police, Alvin Morales and Earla Sy. Sitting together in the Court room, the man embracing the girl and kissing Earla on the cheek.- Forgery, by forging the signature of Alvin Morales, Chief of Police of Ramon Magsaysay, Zamboanga del Sur.
Erlinda Tangub alleged in her Sworn Statement [dated June 24, 1993] that on February 8, 1993, she saw with her own eyes when Earla put the signature of our Chief of Police, Alvin Morales, by forging his signature on the Police Clearance of June Flores [Exhibit "I"]. This incident happened in ... the Municipal Treasurer's Office.[5]
Considering that forgery, as one of the causes of action, is rooted [in] the Revised Penal Code, under Article 172, Falsification by private individual and use of falsified documents, the Court deems it of paramount importance to proceed with caution and to determine the guilt of the respondent not merely based on substantial or preponderance of evidence but with evidence proving the guilt of the respondent beyond reasonable doubt. ...The Office of the Court Administrator echoed the findings of the Investigating Judge and recommended that, for being disrespectful to superiors, a P2,000.00 fine be imposed against her with a stern warning that a repetition of the same or similar act in the future shall be dealt with more severely. The OCA likewise recommended the dismissal of the other charges against the respondent.[7]...
In the case at bench, witnesses Abita M. Antolihao and Erlinda Tangub made testimonies that they saw respondent Earla Sy [sign] a public document and a police clearance of one Jane Flores, above the name of the Chief of Police, making it appear that it was the Chief of Police who signed the same. On the part of Abita M. Antolihao, however, she did not state the exact date the falsification was committed nor for whose use and credit the document was intended for.
The said document, Exhibit "J", was never shown to Alvin Morales for him to be confronted with it and to elicit from him whether or not the signature as appearing therein is his or not. This the Court has considered a pivotal issue considering that indeed there seems to exist a conglomeration of complainants to involve the Acting Presiding Judge, Hon. Veronica Dondiego as the shadowy figure behind the complaint as against one respondent, whose influence over these persons may be considered a primordial motivating factor which is difficult to deny, as may be deduced from the letter she sent the investigating judge.
To say the least therefore, with ill motives, there is created a cloud of doubt as to the truthfulness of the averments of these witnesses who, as shown by their Sworn Statements, have hated and resented the presence of Earla Sy in their midst because of her conceived misbehavior and conducts improper for a court employee.
The Court finds that the evidence at hand failed to prove beyond peradventure of doubt the complaint of forgery against the respondent, Earla Sy.
On the charge of immorality, this Court has not come across any rock hard evidence that Earla Sy has sexual relationships with any men other than her husband. While there were several persons named and alleged to be having an illicit affair with the respondent yet not one witness has seen the respondent in actual sexual congress with another man. At most, these witnesses have seen Earla being kissed on the cheek or was embraced. To an unprejudiced mind, these acts could be harmless and could not be constitutive of an immoral act. Moreover, the so called love letters and notes of Earla Sy and her paramour could not be admitted in evidence considering that it would violate the right of the respondent against self-incrimination and her right to her own personal effects, considering that the same were illegally obtained and without the consent of the owner.
To the mind of this investigating judge, the accusation that one has an amorous and illicit relationship with another, must be proven by clear and convincing evidence other than conjectures and speculations brought about by merely seeing the two (2) subject persons together very often. In the case at bench, the evidence so far adduced would show that the respondent has been kissed, embraced, was talking intimately with someone and was even seen lying together with a man in sleep. However, these are not conclusive evidence that the respondent committed acts of immorality. Hence, the accusation of immorality against her must necessarily fail.
It must be noted though that by definition, immoral conduct [is] "that conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinion of the good and respectable member of the community."...
Finally, as to the complaint for being disrespectful and discourteous to superiors, the respondent failed to disprove the allegations of complainants, namely: Veronica A. Jatico, Lorna W. Gonzales and Henry T. Langam. In fact, her attitude could very well be gleaned in her Counter Affidavit itself when she declared in paragraph 8 thereof that: "x x x the truth of the matter is that no less than the very Judge herself has been engaged in a close relationship with a young man, her driver who happens to be the son of the apartment owner she's renting. There was even a time in such affair resulted to a public scandal when she and her driver had a quarrel wherein she was stoned by the latter shouting highly scandalous words for which reason she transferred to another house."
These unfounded and uncalled for statements bespeaks of a person who knows little or no respect towards her superior. Such irresponsible declarations only prove the complainants' allegations that the respondent indeed respects no one in the court where she belongs and thus, deserves the Court's disciplinary action....
Such deportment shown by respondent was totally unbecoming for an employee who forms part of the judicial service. The respondent's conduct exhibits failure on her part to discharge her duties with the required degree of professionalism, to respect at all times the rights of others and to refrain from acts contrary to good morals and good customs demanded by Republic Act No. 6713, which inter alia, enumerates the state policy of promoting a high standard of ethics and utmost responsibilities in the public service.
With regards to the charge of inefficiency, nothing in the record would show or prove such allegation; hence, it has to be discarded. Even the serious charge that the respondent loafs during office hours has not been sufficiently established by concrete proofs.
WHEREFORE, premises considered, the undersigned investigating judge has found respondent Earla Sy administratively liable to a light offense of being discourteous to her superiors and her co-employees.
The undersigned most respectfully recommends that the respondent be meted with a FINE of TWO THOUSAND PESOS (Php 2,000.00), with a stern warning that a repetition of the same shall be dealt with more severely.