SECOND DIVISION
[A.M. No. P-15-3405. December 2, 2015.]
EXECUTIVE JUDGE AUGUSTUS L. CALO, complainant,vs. BRUCE ANTHONY S. ARANAS, COURT STENOGRAPHER II and LEO RODIN T. CASQUEJO, UTILITY WORKER I both of the MUNICIPAL TRIAL COURT IN CITIES, BUTUAN CITY, AGUSAN DEL NORTE, respondents.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 02 December 2015 which reads as follows:
"A.M. No. P-15-3405 [Formerly OCA IPI No. 10-3334-P] — Executive Judge Augustus L. Calo v. Bruce Anthony S. Aranas, Court Stenographer II and Leo Rodin T. Casquejo, Utility Worker I both of the Municipal Trial Court in Cities, Butuan City, Agusan del Norte
In a Letter-Complaint, 1 dated January 14, 2010, then Executive Judge Augustus L. Calo (Judge Calo), Regional Trial Court, Branch 5, Butuan City, Agusan Del Norte (RTC) reported to the Office of the Court Administrator (OCA) of an incident that occurred inside the Hall of Justice on December 11, 2009, between respondents Bruce Anthony S. Aranas (Aranas), Court Stenographer II; and Leo Rodin T. Casquejo (Casquejo), Utility Worker I, both of the Municipal Trial Court in Cities, Butuan City, Agusan del Norte (MTCC). Attached to the Letter-Complaint is the Affidavit, dated December 15, 2009, 2 executed by Ramon N. Tumampos, Jr. (Tumampos), the security guard on duty at the time of the incident. The affidavit stated as follows: CAacTH
1. That on December 11, 2009, my tour of duty was from 4:00 o'clock in the afternoon to 12 midnight at the Hall of Justice, Libertad, Butuan City. It was a Christmas party of the court and DOJ employees;
2. That at about 8:15 in the evening, MR. LEO RODIN CASQUEJO, Utility man of MTCC-Branch 01, arrived alone riding on his single motorcycle. He was mad as the side mirror of his motorcycle was damage and he was trying to fix it;
3. That while doing so, he asked me if ATOY (referring to MR. BRUCE ANTHONY ARANAS), had already arrived. I replied him that you were in company when you left for city proper and had not yet arrived. He continued fixing the side mirror of his motorcycle;
4. That about an hour later, Bruce Anthony Aranas arrived. He was met by Mr. Leo Rodin Casquejo. Since the sounds were so loud and I could not hear their conversation, I noticed that they were facing each other as if they would fight against each other;
5. That Mr. Dennis Pelimer, a utility man, and I rushed to the two and pacified them. I held Mr. Leo Rodin Casquejo while Dennis Pelimer held Bruce Anthony Aranas. Junnifer Alquizar, my co-Guard on duty, approached us and helped in stopping them. We prevented them from fighting each other;
6. That while pacifying them, Mr. Bruce Anthony Aranas grabbed my M-16 riffle and we grappled as he would allegedly shoot Mr. Casquejo. Luckily, was not able to take possession of the M-16 riffle; IAETDc
7. That then, people from the City Prosecutor's Office went out and the two were finally pacified. Mr. Casquejo went ahead riding on his single motorcycle. One hour later, Mr. Aranas also went home;
8. Mr. Leo Rodin Casquejo and Mr. Bruce Anthony Aranas were both under the influence of liquor at the time of incident;
9. That on December 14, 2009, Monday, at about 8:00 a.m., I made a Written Report to Hon. Augustus L. Calo, Executive Judge of RTC-Butuan City.
Acting on the Letter-Complaint, the OCA directed respondents Aranas and Casquejo to comment within ten (10) days from receipt.
Aranas and Casquejo, in their separate comments, narrated that on December 11, 2009, the Christmas Party for the employees of the court and the Department of Justice was held in the Hall of Justice, Butuan City, Agusan del Norte. Because it was a Christmas Party, alcoholic beverages were allowed. At around 4:30 o'clock in the afternoon, Aranas and Casquejo went to downtown on a motorcycle. Casquejo, who was then driving the motorcycle, advised Aranas to sit properly as he was backriding like a woman and, for said reason, he feared that he (Aranas) might fall. On their way back to the Hall of Justice, Casquejo told Aranas not to ride on the motorcycle anymore for safety reasons. Thus, Aranas rode a jitney back to the office.
Casquejo and Aranas arrived at the Hall of Justice around 8:00 o'clock in the evening. There were still people inside the Justice Hall at that time and the sounds coming from the videoke machine reverberated all over the place. Both respondents narrated that Casquejo jokingly challenged Aranas to a fistfight to which the latter agreed. Aranas and Casquejo insisted that no actual exchange of blows took place as they were merely joking. According to them, the music in the Justice Hall was very loud so Tumampas, Junnifer Alquizar (Alquizar) and Dennis Pelimer (Pelimer), who came and tried to pacify them, did not hear what they were talking about and did not realize that they were joking. DcHSEa
Both also denied that Aranas grabbed the M-16 rifle of Tumampos. They explained that while they were being pacified, the nozzle of the M-16 rifle that Tumampos was carrying accidentally pointed towards Aranas' direction so, by instinct, he directed it away. Both admitted that while their prank might have caused alarm and confusion in the Hall of Justice, it became so due to the exaggerated reaction of Tumampos over the incident. They asserted that Tumampos immediately went to Judge Calo without first talking to them and ascertaining what had actually transpired.
Casquejo and Aranas apologized for their indiscretion and asked for the Court's mercy and understanding. They said that this is the first time that they have been administratively charged and begged the Court to find merit in their explanation.
On November 20, 2013, Judge Calo wrote to OCA stating that he had been enlightened regarding the circumstances of the reported incident which arose from a simple misunderstanding. Judge Calo stated that he was no longer interested in pursuing the case and prayed that the complaint be withdrawn.
Also, in a Letter, dated December 4, 2013, then Executive Judge Francisco F. Maclang (Judge Maclang) informed the OCA that Aranas and Casquejo sought his favorable indorsement of the withdrawal of the complaint. Judge Maclang stated that after conducting an investigation, he found out that the incident arose out of a simple misunderstanding and he was convinced that there was no more need to pursue the administrative case against them.
In its Report, 3 the OCA recommended that: (1) the present case be redocketed as a regular administrative matter; (2) Aranas and Casquejo be found guilty of conduct unbecoming a court employee and violation of Administrative Circular No. 1-99 and be fined in the amount of P5,000.00 each; and (3) warned that a repetition of the same or similar acts in the future would be dealt with more severely.
The OCA opined that the altercation between Aranas and Casquejo inside the Hall of Justice was not a mere prank or play-acting. The mere fact that they grappled for the M-16 rifle of Tumampos made their behavior more unbecoming, and, had there been no intervention by the security guard, the safety of everyone present would have been jeopardized.
As to the letters of Judge Calo and Judge Maclang, the OCA was of the view that the withdrawal of an administrative complaint or subsequent desistance does not free the respondents from administrative liability as the purpose of an administrative proceeding is to protect the public service. SCaITA
The Court's Ruling
The Court adopts the findings and recommendation of the OCA except as to the penalty.
Employees of the judiciary should be very circumspect in how they conduct themselves inside and outside the office. 4 Their actions must at all times be characterized by propriety and decorum. 5 Employees of the Judiciary, being engaged in government service which is people-oriented, are expected to accord respect to the person and rights of others, including a co-employee. Their every act and word must be marked by prudence, restraint, courtesy and dignity. Misbehavior by court employees within and around their vicinity necessarily diminishes their dignity. Any fighting or misunderstanding becomes a disgraceful sight reflecting adversely on the good image of the Judiciary. 6
Considering the circumstances and the letters of the two judges, the Court opts not to impose the recommended penalty of the OCA. Instead, for their unruly behavior, they should only be reprimanded. A simple admonition would not suffice to teach them a lesson.
WHEREFORE, finding respondents Bruce Anthony S. Aranas and Leo Rodin T. Casquejo guilty of conduct unbecoming a court employee and violation of Administrative Circular No. 1-99, the Court hereby REPRIMANDS them with WARNING that a repetition of the same or other similar act or transgression would be treated more severely. (Carpio, J., on official leave; Del Castillo, J., designated Acting Chairperson per Special Order No. 2281 and Velasco, Jr., J., designated Acting Member per Special Order No. 2282, both dated November 13, 2015; Brion, J., on official leave; Perez, J., designated Acting Member, per Special Order No. 2301, dated December 1, 2015).
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, p. 1.
2. Id. at 3.
3. Id. at 35-43.
4. Mendez v. Balbuena, A.M. No. P-11-2931 (formerly A.M. OCA IPI No. 08-2852-P), June 1, 2011.
5. Bajar v. Baterisna, A.M. No. P-06-2151, August 28, 2006.
6. RE: Fighting Incident between two (2) SC Shuttle Bus Drivers, Namely, MESSRS. EDILBERTO L. IDULSA AND ROSS C. ROMERO, A.M. No. 2008-24-SC, July 14, 2009.