455 Phil. 23
VITUG, J.:
"The initial hearing was held on 02 April 2001 with complainant Marites Kee testifying on the matters the substance of which have (sic) already setforth above as recited in her affidavit.After the settlement, the complaint against Ms. Calingin was withdrawn. In his report, Judge Lucagbo stated that he had first thought of recommending the suspension of respondent for her misconduct but because of her confession and eventual show of remorse, and after obliging herself to reimburse complainant of her expenses, the Judge recommended that respondent be merely reprimanded.
"Her cross-examination was, however, not terminated because it took time (sic) of this court to retrieve the original letters and other documents which were submitted by complainant to the Supreme Court and which, in turn, was (sic) forwarded to the undersigned.
"In between the hiatus in hearing this case, because of other cases heard by the undersigned not only Medina cases but also cases in the official station of the undersigned Judge as Presiding Judge of Regional Trial Court, Branch 43, Gingoog City, and also of the postponements because of conflict of calendar by the lawyers, also by the stroke which the undersigned suffered which incapacitated him for six (6) months or more and so with the circumstance that complainant lawyer, Atty. Cristina M. Jugador, was out of the country for five (5) months. When this case was again called last 05 July 2002, the parties and counsels, after a lengthy conference, finally agreed to settle the case amicably.
"In the presence of the lawyer, the court staff assisting in the hearing and this Presiding Judge, respondent Juliet Calingin openly asked apology from complainant Marites Kee, thus admitting her indiscretion. It smacks a title of a `tele-novella' when respondent cried openly in front of complainant and relating her travails and at the same time reminded the complainant that this is the second time she asked for apology and appealed for charity of complainant for what (had) happened. However, it was agreed by the complainant and respondent that the illicit relationship between Juliet Calingin and Armando Kee had long ceased and in fact, Juliet Calingin has now been restored in a normal relationship with her family and only lately, she even delivered her youngest child with her husband (sic)."x x x x x x x x x
"Suffice to say that from the demeanor of the respondent this court is convinced of her deep contrition as to what had happened to her. Her admission alone of her indiscretion shows enough remorse.
"Also agreed between the complainant and respondent [was] that the later (sic) reimburse the former the sum of FIFTEEN THOUSAND (P15,000.00) which she spent in hiring her counsel to assist her in this administrative case. The FIVE THOUSAND (P5,000.00) is to be paid within 30 days from July 5, 2002 and the remaining TEN THOUSAND (P10,000.00) to be paid in equal installment within six (6) months after receipt of P5,000.00."
"x x x As a court employee of permanent status, she is covered by the Civil Service Rules. Under Section 23(O) of Rule XIV of the Rules Implementing Book V of the Administrative Code of 1987 and applicable rulings of disgraceful and immoral conduct is considered a grave offense and punishable by suspension for six (6) months and one (1) day to one (1) year for the first offense and dismissal for the second offense. However, considering that this is respondent's first offense and as pointed out by the investigating judge Hon. Editho E. Lucagbo that she was remorseful and has since then terminated her relationship with complainant's husband, we are inclined to recommend a lighter penalty of suspension of one (1) month without pay on respondent.The Code of Judicial Ethics expresses that the conduct of court personnel, not only in the performance of their official duties but also in their personal life as well, should be free from impropriety. A place in the judiciary demands upright men and women[3] who must carry on with dignity and be ever conscious of the impression that they could create by the way they conduct themselves. Respondent has displayed a contemptuous behavior that falls short of the moral standard required of everyone in the judiciary. Disgraceful or immoral conduct is a grave offense that cannot be taken lightly, and it cannot be countenanced even by the withdrawal of the charge by private complainant. Certainly, the image of the judiciary is the concern of all and not just the parties to an administrative case.[4]
"In view of the foregoing, it is respectfully recommended that respondent Juliet H. Calingin be SUSPENDED for one (1) month without pay for immorality."[2]