419 Phil. 267; 99 OG No. 9, 1344 (March 3, 2003)
PER CURIAM:
"Present at this early hour, were Atty. Marina Ching, Attorney VI (detailed to my office from OCC), Roy Sales, Records Officer and Roy's father, Mr. Vicente Sales, in whose car Roy rode coming to the office, and my Utility Worker, Wilson Vallar. Atty. Ching was at her desk while Roy and his father were seated at the reception table and sofa, when suddenly the door to the office opened and Joselito Guisando, chauffeur of DCA Reynaldo Suarez, barged inside with his right hand wrapped in a Moslem `Tubao' or scarf. He proceeded to the table of Atty. Ching who immediately ran to Roy and his father for help. Guisando began shouting and cursing Atty. Ching. Roy tried to pacify him and then led him back to the Office of DCA Suarez.
"About five minutes later, Guisando again barged into the office, this time holding a live grenade in his hand. He grabbed Atty. Ching with his left arm, held the grenade close to her head and ordered the Saleses to leave the room. The two complied, and Mr. Vicente Sales immediately ran to report the matter to the Security Guards assigned to the building. Several seconds later, Atty. Ching ran out of the room followed by Guisando. The Saleses however intercepted Guisando and boxed him to prevent him from escaping, since no security guard immediately responded to the call of Mr. Sales. Guisando however managed to run away. At 7:15 a.m. while I was on my way to the office, my secretary called me on the cellphone to inform me of the incident. I immediately ordered her to tell Atty. Ching who was still hysterical to report the incident to the police. I also talked with Roy Sales and requested him to accompany Atty. Ching.
"At about 7:30 a.m., Atty. Caridad Cunanan of the Office of DCA Suarez received a phone call from Lito Guisando who informed her that the live grenade was still in my office, with its pin already released. Atty. Cunanan immediately called Chief Security Officer Pablo who in turn called the WPD Bomb Disposal Unit for assistance. I arrived in the office at 8:36 a.m. and immediately asked our Chief Security Officer and my staff for a briefing. Mr. Roy Sales was not around as he and a lawyer of DCA Suarez, Atty. Nick Cruz, accompanied Atty. Ching to the police station.
"From the bits and pieces of information I gathered, it appears that Atty. Ching and Lito Guisando had been `live-in' partners for almost four (4) years already. Atty. Ching is widowed while Guisando is separated from his wife and children. In August of this year, Atty. Ching met Judge Jose Arturo Natividad of MTC, Cainta, Rizal and fell in love with him. Judge Natividad is married. His wife is in the United States but his four children are with him here.
"In the early part of last month, Atty. Ching told Guisando that she was terminating their relationship as `she was pregnant' and carrying the child of Judge Natividad. Guisando could not accept this development and threatened to shoot Atty. Ching. This happened on 11 November 1999 when I had already left for Batangas City for the Dialogue with Chief Justice scheduled the following day. This incident was reported to me only lately and I planned to ask Atty. Ching what happened but she had been absenting herself frequently, so that I had no chance to sit down and really talk with her.
"The Bomb Disposal Unit of five members headed by Capt. Ramiro arrived as I was leaving for Your Honor's office for my appointment with you at 9:00 o'clock this morning. They found a live grenade inside a striped plastic bag owned by Roy Sales which contained dried fish and placed on the floor right beside a steel filing cabinet behind my secretary's desk. I was told by Capt. Ramiro that the grenade's pin had already been released and a slight movement could have triggered a very powerful explosion which would have killed all of us in the office. The grenade was a Belgian made PRB-423, a new and highly sophisticated bomb, as Your Honor may have observed when it was shown to us by the Bomb Disposal Unit after it was defused."[1]
"This case involves the December 6, 1999 incident when Joselito Guisando was reported to have brought a live grenade to the Office of DCA Elepaño and left the same inside said Office.
"This fact was admitted by Guisando in his testimony given before the undersigned. He stated that he brought a grenade inside the office of DCA Elepaño and held Atty. Ching, with the intention of scaring her, with the grenade and later left said grenade in a plastic bag inside the said office. He categorically stated that jealousy was the reason for his acts. He claimed to have had a romantic relationship with Atty. Ching for four (4) years and during that relationship Atty. Ching still entertained another man, Judge Natividad.
"On the other hand, the testimonies of Roy Sales, Vicente Sales, Wilson Vallar and Atty. Marina Ching, who were inside the room of DCA Elepaño at that precise moment. His actuation was not taken merely as a jest as these people lost no time in scampering for safety since they were confronted by a seemingly irrational man holding a grenade.
"Whatever his intention may be, to scare or to kill, the fact remains that Guisando brought a grenade in that Office. This was not only established by witnesses, but admitted by Guisando himself. It is also of no moment that Guisando believed that the grenade will not explode since he and his friend had been playing with it since 1997, when he allegedly found it.
"Per examination of the Western Police District, Explosive Ordinance Disposal Section (EOD), the grenade was a PRB Fragmentation Hand Grenade with a detached pullring which was not recovered. The certification of the EOD dated January 25, 2000 stated that:
"x x x, it was on a `Hang Fire' condition, meaning the hand grenade was ready to explode anytime. The three major components of the grenade were intact namely; the Body, the Filler and the Fuze Assembly, therefore it was live and capable of exploding.'
"From the foregoing findings of the EOD, it is undeniable that he unwittingly placed the life, limbs and property of his co-employees and of that of the Court in danger when he brought and threatened them with what he thought to be a dumbed grenade. By doing so, he is guilty of grave misconduct.
"Employees of the Highest Court of the land are involved in the administration of justice. From the highest official to the lowliest employee, a public servant must faithfully adhere to, hold inviolate and invigorate the principle enshrined in Section 1 of Article XI of the Constitution, that a public office is a public trust. Any conduct, act or omission less than the standard will violate the norm of public accountability and diminish the faith of the people in the Judiciary.
"Guisando's conduct exhibited an attitude unworthy of a position in the Highest Court. This was not only shown when he brought and threatened with a grenade his co-employees but also when he brought a toy gun to scare Atty. Ching. Would these be threats, meant to scare or kill, the import of the conduct should not be taken lightly.
"The testimonies of the witnesses, including that of Guisando, led the undersigned to conclude that Atty. Marina Ching played a major role in the grenade incident. Atty. Ching was the target of Joselito Guisando in the grenade and the November 11, 1999 gun totting incidents.
"xxx xxx xxx
"Another point to be considered was the testimony of Vicente Sales regarding the reaction, or rather, the non-action of the security personnel during the grenade incident. When Vicente Sales ran out of the room, he went to the security guard assigned at the Taft Avenue entrance gate to report the incident, but he was ignored.
"Likewise, the plea of Roy Sales to the Security Guard to accost Guisando fell on deaf ears.
"On the other hand, Security Officer Pedro Mazo testified that at the time of the incident, he was at the Taft Ave. entrance and he received an information about the incident from one Nelson de la Cruz. He claimed that when the Saleses did not state the name of the person to be arrested, that was the time that Guisando was able to escape. This contention does not convince the undersigned. While it was true that the Saleses did not state any name, if and only if, the security personnel responded to the call for assistance immediately and promptly, they would have known who to arrest since there was a scuffle or fist fight before Guisando managed to run. Mazo also claimed that since he did not know whom to arrest, he proceeded to the office of DCA Elepaño and told the people inside to leave. Based on the testimonies of the persons present during the grenade incident, everybody ran out of the room. The last to run out was Guisando who chased Atty. Ching. Mazo could not have asked people to leave the room since nobody was inside the room at the time Guisando escaped.
"Another display of the security personnel's ignorance and disregard of their duties and responsibilities was when they refused to run after Guisando since `their jurisdiction is only inside the Supreme Court.' They obviously have a misplaced sense of their duties and responsibilities.
"The security lapses cannot be taken lightly since it was claimed by Guisando that he always had the grenade inside his bag. The failure of the security personnel to detect the same is a serious matter. It only demonstrated how easy it is to slip into the court premises an explosive which would endanger the life and properties of the Justices and the employees of the Court and the Court itself."[2]
"WHEREFORE, in view of the foregoing, the following recommendations are respectfully submitted, to wit:
"1. In compliance with our duty to help purge the judiciary of undesirable public servant, Joseilto Guisando is hereby found to be guilty of Grave Misconduct and Conduct Prejudicial to the Best Interest of Service. He is hereby recommended to be DISMISSED from the service without prejudice to the criminal charges filed against him;
"2. As regards the rule of Atty. Marina B. Ching, it was established that she was the reason for the acts of Guisando and this she was fully aware of. However, since she has been indefinitely suspended, her suspension serves as her penalty and it is recommended that pending the filing of appropriate charges, her suspension be lifted. To afford Atty. Marina B. Ching due process, a charge for immorality and acts unbecoming of a public servant be filed against her since there are serious grounds to believe that Joselito Guisando and Atty. Marina B. Ching had an illicit relationship; and for carrying a romantic relationship with one Judge Natividad; and
"3. Due to the security lapses, the security personnel concerned be subjected to disciplinary action after investigation."
"Several of the witnesses, though not witnesses to the actual grenade incident, narrated previous incidents indicative of the probability that Atty. Ching and Guisando had indeed an illicit relationship. Atty. Ching tried hard to deny the alleged amorous relationship to the extent of presenting Justice Ernani Paño and five (5) other Supreme Court employees, but still her dealings and actuations toward Guisando went beyond the bounds of propriety. She allowed and encouraged Guisando to unselfishly serve her without any compensation. She consciously disregarded his motives for doing so, which were obvious from his actuations and statements of endearment. x x x The extraordinary or special relationship, imaginary or otherwise, though, can not justify the actions of Guisando.
"Equally baffling was the reaction of Atty. Ching during the grenade incident. During Guisando's first entry inside the room (without the grenade). Atty. Ching ran towards Roy Sales when Guisando approached her. She ran as if she dreaded facing Guisando just like somebody guilty of something. It is very unlikely for somebody, a lawyer at that, to fear someone who had served her unconditionally in the past not unless she knew that she had done something to offend him. Atty. Ching's allegation that the reason why Guisando got furiously mad was when she stopped requesting Guisando to do errands for her, could not overcome the truth that Guisando was simply jealous for her `infidelity,' for going out with another married man. Her reaction at that time bolsters the rumor that they were having a lovers' quarrel.
"x x x The facts of the case are good indicia that Atty. Marina Ching and Guisando had an illicit relationship. Illicit because Guisando is a married man and Atty. Ching, as a member of the bar and an employee of the Supreme Court assigned to the Office of the Deputy Court Administrator should know well than engage in a relationship with a married man.
"In an effort to disprove the existence of an illicit relationship and the fact that Guisando slept in her house, Atty. Ching presented several Supreme Court employees, one of which was Pablito Buño whose nickname is `Lito.' He claimed that for several times, he drove for Atty. Ching and sometimes slept in the latter's house before going to the province. He also claimed that Guisando never slept in Atty. Ching's house. This contention hardly holds water. Since Pablito Buño does not live in the house of Atty. Ching and was not there every night, he could not claim that Guisando never slept there or had seen any other man sleep there except for Atty. Ching's father and nephew. This definitely counters the claim of Ely S. Mariano that he slept in Atty. Ching's house when he repaired the aircon. Definitely, Pablito Buño had no knowledge of what was going on in Atty. Ching's house except when he was allegedly there. Obviously then, the visits of Atty. Ching's guests were scheduled and with previous notice as what was done with Modesto Dalmacio, the plumber.
"The testimony of Leonila Cumabig attempted to establish the fact that Guisando did not drive for Atty. Ching since it was claimed that it was either Renante Loyola or Atty. Ching driving the latter's car. Granting it was true that there were instances when Renante Loyola drove her car and he claimed that he was not close to her, it only goes to show that Atty. Ching often sought assistance from other persons, men in particular, which may include Guisando.
"Atty. Marina Ching claimed that she was misquoted by Vicente Sales when she answered him `MEDYO' when she claimed that her answer was `Hindi ko po alam.' Likewise, she was allegedly misquoted by the security guard, who was requested by Guisando to get his gifts when she said `Kung gusto niya nakasako pa' when she claimed that she answered `na nakatago.' This allegation is not believable as the words do not even rhyme. There are no similarities in sound and it is too remote to get misquoted in those situation.
"The testimonies of the witnesses presented by Atty. Ching vainly attempted to establish her good reputation and impeccable character. But it is noted that one witness had not seen her for many years, one is a distant relative, another claimed not to be that close to her and the rest had only been to her house once or twice. Nonetheless, the testimonies were nothing but refutations of the alleged immorality issue in the instant case which is not the main focus of the investigation.
"Besides, the best witness that Atty. Ching could have presented are her maids/sales clerks, children and those who stay with her in the house who really know what is taking place in the house. But no one from the immediate household of Atty. Ching was presented to belie the allegation of Guisando. The vivid description of the house of Atty. Ching by Guisando fully convinced the undersigned that Guisando was a regular fixture in Atty. Ching's house. Her alibi that she is not strict in the house and the rooms are open, is not acceptable specially in her condition - a widow, with no man in the house, caring for the four (4) children. It is but normal for her to be security conscious and always keep her doors closed."