432 Phil. 140
KAPUNAN, J.:
xxx Complainant is one of the appellees who won their case in the Regional Trial Court but lost in CA-G.R. CV No. 60382 (Rosalina Estrada, appellant vs. Godofredo dela Cruz, et al., appellees) and is also one of the petitioners in G.R. No. 145531 in the Supreme Court. While their case was pending decision in this Court, there were rumors in Barangay Tobuan, Labrador, Pangasinan, that they lost their case in the Court of Appeals. When they went to their lawyer, Atty. Hermogenes Decano, the latter informed them that he has not received a copy of a decision of the Court of Appeals. Atty. Decano actually received a copy of this Court’s decision dated May 12, 2000 on May 30, 2000 (Exh. reverse side of P. 102, rollo). The appellant’s counsel received a copy of the decision also on the same date (reverse side of P.102, rollo) and gave a copy to appellant’s representative and caretaker Eliseo Santos sometime in August, 2000 [Exh. 3-a (Aquino)].From the foregoing, the investigating lawyer made the following findings:
On May 6, 2000, complainant, with her sister Francisca A. Arenas and daughter Thelma V. Alarcon, alleged that they went to the house of respondent Bernabe Aquino, who is married to the complainant’s niece, to ask for his help and request him to check on the status of CA-G.R. CV No. 60382 and that respondent Aquino agreed to help if “said case was not yet compromised” (Exhs. A and B) However, Aquino denied having talked to the complainant or any other relative regarding the case since he is not influential, being just an ordinary Court employee (Exh. “4-Aquino”). Complainant’s witness Alarcon confirmed that as of May 2, 2000, there was no decision yet as she personally checked with the Fifth Division (Exh. C).
The other witnesses of the complainant, namely, Lourdes Lacap, Perla Sison and Eduardo Parajas alleged that sometime on various dates from March - May 10, 2000, they saw Eliseo Santos appellant’s caretaker, who showed to them what he claims to be a decision of the Court of Appeals in favor of the appellant (Exhs. D, E and F). However, Mr. Santos denied having done so since as of then, there was yet no decision of this Court and, therefore, he had not yet received a copy thereof (Exh. 3-Aquino and 1-Inacay). He received said copy sometime only in August 2000 from the appellant’s counsel [Exh. 3-a (Aquino)].
Complainant’s witness and lawyer in said case, Atty. Hermogenes Decano, confirmed that he received a copy of this Court’s decision only on May 30, 2000. Hence, when complainant went earlier to ask him if he has received a copy of the decision, he informed them that he had not yet received one (tsn dated November 27, 2001). He also testified that he saw Bernabe Aquino only when he filed the motion for reconsideration of the decision. Atty. Decano denied his client’s (complainant’s) allegation that he confronted Mr. Aquino who replied that he was not at fault but his co-employee Ronnie Inacay. He affirmed also that he never saw nor mentioned the name of Mr. Inacay to his client (tsn dated November 27, 2001). [2]
Although Mr. Aquino denied talking to complainant who sought his help regarding the status of their pending case, such fact was proven by substantial evidence by the affidavits and testimonies of complainant Filma Velasquez, Thelma Alarcon and Francisca Arenas. His statement that he will help them “if the case was not yet compromised” gives a wrong impression or image of the Court. Moreover, his denial is self-serving while complainant would not have wasted her time, effort and money and those of her witnesses in coming to Manila from Pangasinan for this investigation if she has no valid reason to complain. However, there is no sufficient evidence that Mr. Aquino himself boasted of his influence in the Court of Appeals since complainant herself stated merely in her complaint that Mr. Aquino was “balitadong siya raw ay malakas sa Court of Appeals” (Exh. A) meaning he was just rumored to be influential, but without any clear showing that he made the claim himself. On cross-examination, complainant clarified that she sought Mr. Aquino’s help not to ensure that they will win the case, but to find out the status of their case (tsn dated October 22, 2001 - Pp. 32 and 38). Complainant’s witness Thelma Alarcon likewise affirmed that Mr. Aquino accompanied her on May 2, 2000 to the Fifth Division to verify the status of the case (Exh. C).On the basis of the foregoing, then Presiding Justice Ma. Alicia Austria-Martinez recommended that:
Complainant’s statement that “nalaman naming na sinita ng abugado naming si Bernabe Aquino at ang sagot daw niya ay hindi sya ang nagbenta kung di isang kasamahan niyang empleyado si Ronnie Inacay” (Exh. A), being hearsay, was categorically denied by complainant’s own witness and lawyer Atty. Decano, who denied making said statement nor mentioning the name of Mr. Inacay or any other employee (tsn dated November 27, 2001) and he affirmed that Mr. Aquino never mentioned the name of Mr. Inacay. On cross-examination, Atty. Decano also stated that he never advised nor encouraged his clients to ask help extra-judicially and that he does not think Mr. Aquino can influence this Court in decision-making (tsn dated November 27, 2001).
The testimonies of the other witnesses of the complainant, on seeing a supposed copy of the decision of this Court in said case on various dates from March - May 10, 2000, appear immaterial to this administrative investigation as there is no showing whatsoever that either Mr. Aquino or Mr. Inacay was the source of said copies. Moreover, as of said dates, there was no decision from this Court yet. Neither of the said witnesses verified if the copies shown to them were signed, dated, or otherwise authentic.
There is therefore no substantial evidence that Mr. Inacay committed or may convincingly be said to have c committed any misconduct in connection with CA-G.R. CV No. 60382. However, Mr. Aquino may be held liable for misconduct for his statement to the complainant which is damaging to the image and reputation of the Court and which was proven by substantial evidence. [3]
We adopt the findings made by the investigating lawyer, Atty. Elisa B. Pilar-Longalong who was designated by the CA Presiding Justice to conduct an investigation on the matter. Likewise, the evaluation and conclusions made by the Presiding Justice on this administrative matter is also favorably considered. There is no basis to the charge that Ronnie Inacay is guilty of any misconduct; hence, the complaint against him must perforce be dismissed.
- The complaint against Ronnie Inacay be dismissed;
- Considering the mitigating circumstances of being the first offense and his length of service, the minimum of the penalty of suspension for one month and one day be imposed on Bernabe Aquino, pursuant to Sections 52-B and 54, Rule IV of Civil Service Commission Memorandum Circular No. 19, S. 1999. [4]