402 Phil. 64
DE LEON, JR., J.:
Despite the conflicting versions of the parties on the charge, there is no dispute that respondent gave Cortel the sum of P800.00 (or “money”) as remuneration for the latter’s secretarial services in the drafting of the decision in the election case. It is on the identity of the payor where there is controversy.Concluding, Justice Cruz recommended that respondent be found guilty of the first charge and fined in an amount equivalent to two months of his salary as of his retirement; and that the second charge be dismissed.
Complainant asserts that respondent told Cortel that the expense for said secretarial services would be shouldered by Salazar. This assertion is supported by Cortel’s letter dated January 10, 1997, Affidavit dated April 29, 1997, Reply-Affidavit dated August 27, 1997 and Testimony (T.S.N. October 14, 1997, pp. 5-9 and 25).
On the other hand, respondent testified that he borrowed the money from the Revision Committee fund which he would repay upon receiving his salary but that he immediately returned the same when it was voluntarily refunded by Cortel (Answer to Question No. 10 of respondent’s Sworn Statement dated October 26, 1999 [Exh. “29”]; T.S.N., October 27, 1999, pp. 11, 15 and 18-22). Incidentally, Exh. “29” served as respondent’s testimony on direct-examination upon agreement of the parties.
In par. (a) of his Amended Counter-Affidavit dated August 7, 1997 (rollo, p. 110), respondent did not state that he borrowed from the Revision Committee. He merely alleged that Cortel was “entitled to receive said amount from the Revision Fund contributed by both litigants for the revision proceedings as provided by law.”
Denying that he received the money from Salazar, respondent stated in his order dated May 2, 1997 (Exh. “27”) that “(p)rotestee’s counsel know (sic) it very well that stenographers in our courts of law are authorized to collect the amount from litigants corresponding to the volume or pages of the notes they transcribed out of court proceedings. In effect, respondent was saying that the money was given as payment for Cortel’s transcript of stenographic notes.
Consequently, it appears that respondent identified three payors of the money, namely: (i) himself (respondent), although borrowed from the Revision Committee; (ii) the Revision Committee, for Cortel’s services to it; and (iii) Salazar, as payment for transcript of stenographic notes.
If respondent borrowed the money from the Revision Committee, which is anomalous, it must have been documented. But no record of such “transaction” was presented. On the other hand, respondent’s order dated September 30, 1996 (Exh. “15”) states that the “revision of the contested ballots x x x both for the protestant and the protestee, x x x (was) already completed and terminated.” Since the Revision Committee’s work had been finished as early as September 30, 1996, Cortel was not entitled to remuneration from the former for secretarial services “rendered” five months thereafter. Finally, it has not been explained why the money, whether originating from the Revision Committee or Salazar, had to be coursed thru respondent.
As between the two versions, Cortel’s testimony inspires belief. He was consistent and steadfast in his testimony that respondent told him that he (Cortel) would be paid by Salazar for his secretarial services. On the other hand, respondent gave conflicting and vague statements on the source and application of the money.
Moreover, there is nothing in the record indicating that Cortel was actuated by improper motive. While Judge Alimangohan was Cortel’s former “boss”, respondent was his current “boss”. If Judge Alimangohan wielded moral ascendancy over Cortel, so did respondent and even at a greater degree.
Consequently, the undersigned believes that respondent really told Cortel that the money would come from Salazar. Such representation generates the suspicion that respondent had entered into an arrangement with Salazar for the latter to finance the typing of the decision which he fulfilled and, worse, to give something to respondent for his (respondent) own labor in making the decision.
While there is no proof of delivery of the money from Salazar to respondent, the latter’s actuation engenders doubt on his impartiality and integrity. He did not observe the dictum that a judge, like Cesar’s wife, must not only be pure but beyond suspicion (Palang v. Zosa, 58 SCRA 776). He violated the Code of Judicial Conduct ordaining that a judge “should uphold the integrity and independence of the judiciary” and “should avoid impropriety and the appearance of impropriety in all activities” (Canon 1 and 2). He has demonstrated that he cannot be a model of uprightness, fairness and honesty (Rural Bank of Barotac Nuevo v. Cartagena, 84 SCRA 128).
On the other hand, the charge of discourtesy is planted on the gratuitous allegation of Judge Alimangohan. Although the remarks imputed to respondent were allegedly uttered in the presence of several people, including the public prosecutor, complainant, lawyers and court stenographer, nobody – not even complainant – came forward to corroborate Judge Alimangohan’s testimony. Even as Judge Alimangohan asked the court stenographer to take down the proceedings, the transcript of stenographic notes was not presented, with the former giving the lame excuse that the same was not recorded.
The undersigned believes that the second charge was merely prompted by an intention to delay the disposition of the election case. Since respondent had denied complainant’s petition for his inhibition, the latter must have thought that the charge would convince respondent to relent and finally inhibit himself from sitting in the election case, thereby causing further delay in the disposition thereof.
RULE 1.02. A Judge should administer justice impartially and without delay.The spirit and philosophy underlying these Canons is eloquently expressed in Castillo v. Calanog[11] thus:
CANON 2 – A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES.
RULE 2.01 – A judge should so behave at all times to promote public confidence in the integrity and impartiality of the judiciary.
CANON 3. – A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE.
The Code of Judicial Ethics mandates that the conduct of a judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual. There is no dichotomy of morality; a public official is also judged by his private morals. The Code dictates that a judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times. As we have very recently explained, a judge’s official life cannot simply be detached or separated from his personal existence. Thus:This Court has often stated that a judge, being the visible representation of the law and the embodiment of the people’s sense of justice, must adhere to the highest tenets of judicial conduct and he should constantly keep away from any act of impropriety,[13] not only in the performance of his official duties but also his everyday actuations[14] for no other position exacts a greater demand on moral righteousness and uprightness of an individual than perhaps a seat in the judiciary.[15] A judge should always be a symbol of rectitude and propriety, comporting himself in a manner that will raise no doubt whatsoever about his honesty.[16]Being the subject of constant public scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen.
A judge should personify judicial integrity and exemplify honest public service. The personal behavior of a judge, both in the performance of official duties and in private life should be above suspicion.[12]