THIRD DIVISION
[A.M. No. P-09-2727. September 18, 2013.][Formerly A.M. OCA-IPI No. 08-2941]
JUDGE JAENA TANGENTE-LAGUDA, MUNICIPAL TRIAL COURT, SIBULAN, NEGROS ORIENTAL, petitioner, vs. ELFRINA T. DIPALING, CLERK OF COURT II, SAME COURT, respondent.
[A.M. OCA-IPI No. 09-2227-MTJ. September 18, 2013.]
ELFRINA T. DIPALING, CLERK OF COURT II, MUNICIPAL TRIAL COURT, SIBULAN, NEGROS ORIENTAL, petitioner,vs. JUDGE JAENA TANGENTE-LAGUDA, SAME COURT, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated September 18, 2013, which reads as follows:
"A.M. No. P-09-2727 [Formerly A.M. OCA-IPI No. 08-2941] (Judge Jaena Tangente-Laguda, Municipal Trial Court, Sibulan, Negros Oriental v. Elfrina T. Dipaling, Clerk of Court II, same court); and A.M. OCA-IPI No. 09-2227-MTJ (Elfrina T. Dipaling, Clerk of Court II, Municipal Trial Court, Sibulan, Negros Oriental v. Judge Jaena Tangente-Laguda, same court). — Complainant Judge Jaena Tangente-Laguda of the Municipal Trial Court (MTC) of Sibulan, Negros Oriental, charged respondent Elfrina T. Dipaling, Clerk of Court (COC) of the same court with insubordination and disrespect of a superior in A.M. P-09-2727. In turn, COC Dipaling charged Judge Laguda with engaging in lending business, solemnizing marriage outside her jurisdiction, and failing to report regularly for work in A.M. OCA-IPI 09-2227-MTJ.
Judge Laguda alleged that on July 8, 2008 COC Dipaling stormed into her office and angrily confronted her after she changed Dipaling's performance rating from 42 to 37. In her Comment, 1 COC Dipaling claimed that she merely discussed with the judge the discrepancy in her rating since she noticed that the actual rating would only be 31 and not 37 as Judge Laguda computed. ScTaEA
Replying in turn to the charges against her, 2 Judge Laguda said that what the rules prohibited is the superior's act of borrowing from the subordinate and not the other way around. She denied the charge that she celebrated marriages outside her territorial jurisdiction. She admitted, however, usually writing her decisions and resolutions at home since she found such arrangement more conducive to work.
In a Resolution 3 dated December 7, 2009, the Court resolved to (1) re-docket the complaint of Judge Laguda against COC Dipaling as a regular administrative matter; (2) consider COC Dipaling's comment dated October 2, 2008 as a complaint against Judge Laguda and docket the same as a separate administrative complaint; (3) consider Judge Laguda's reply dated April 20, 2009 as her comment to COC Dipaling's complaint; (4) consolidate A.M. P-09-2727 with A.M. OCA-IPI 09-2227-MTJ; and (5) refer the administrative matters to the Executive Judge of the Regional Trial Court (RTC), Dumaguete City, for a joint investigation, report and recommendation. In turn the Executive Judge endorsed the case to Judge Gerardo Paguio, Jr.
In his report and recommendation, Judge Paguio did not find sufficient basis to sustain the charge of insubordination and disrespect of a superior against COC Dipaling and the charge against Judge Laguda for engaging in money-lending activities. On the other hand, he found sufficient evidence that Judge Laguda solemnized marriage outside her jurisdiction and failed to report for work regularly.
Upon review, the Office of the Court Administrator (OCA) did not agree with Judge Paguio's finding that the evidence failed to substantiate the charge of engaging in a lending business against Judge Laguda. But the OCA adopted the rest of Judge Paguio's findings. Consequently, the OCA recommended (1) the dismissal of the case of insubordination and disrespect of a superior against COC Dipaling; (2) the suspension of Judge Laguda from office for 3 months and 1 day without pay for violation of Canon 4 of the New Code of Judicial Conduct in regard to her money-lending activities; and (3) the imposition on her of a fine of P11,000.00 for solemnizing marriage outside her jurisdiction and P15,000.00 for failing to report for work regularly. SaHIEA
The Court, on July 18, 2012, issued a Resolution adopting the recommendation of the OCA which resolved to dismiss the complaint for insubordination and disrespect of a superior against COC Dipaling in A.M. P-09-2727 [formerly A.M. OCA-IPI 08-2941-P] for lack of merit.
In A.M. OCA-IPI 09-2227-MTJ, except the penalty that the OCA recommends for engaging in lending activities, the Court agrees with the OCA's findings and recommendations.
1. Lending business
Admittedly, Judge Laguda loaned money to her staffs and other MTCC employees in Tanjay City. She denies, however, that she was doing it for business or that she collected 2% monthly interest on those loans. The Court cannot accept this excuse in view of the scope of her lending activities and the receipts she issued indicating the loans she gave out and the interests she collected. This private lending business by a judge, targeting court staffs as clients, is to be condemned.
Time and again, this Court has reminded the members of the Judiciary that one who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him; his private as well as his official conduct must at all times be free from the appearance of impropriety. 4
Judge Laguda's money-lending activities constitute conduct unbecoming of a judge, which is considered as a light charge under Section 10, Rule 140 of the Rules of Court, deserving a fine of P5,000.00.
2. Solemnizing marriage outside her jurisdiction
Although the certificate covering the marriage between Noel Padilla and Christy Jane Tare indicates that it was solemnized on January 26, 2008 at the MTC of Sibulan, where Judge Laguda presided, Judge Laguda claims that she performed the wedding at the house of one Ronald Rivera at Cangmating, Sibulan, Negros Oriental.
COC Dipaling presented evidence, however, that Judge Laguda solemnized the marriage at her residence in Villa Amanda, Dumaguete City, not in Sibulan. COC Dipaling presented photos taken at the wedding to prove her point. These photos show Judge Laguda in robes facing the married couple and their guests at her house. Although Judge Laguda admits that the pictures were taken at her house, she avers that it does not prove that she solemnized the marriage there. The Court, however, concurs with Judge Paguio's observation that if this were the case, Judge Laguda could have easily requested copies of the photographs or have them produced by subpoena duces tecum to show the solemnization of the marriage at Cangmating, Sibulan. HcDSaT
3. Not regularly reporting for work
Judge Laguda admits that she went to court only when she had scheduled trials. She claims that she preferred to stay home "to work" on other days. Clearly, she violated Administrative Circular 02-2007 5 which requires all officials and employees of the Judiciary to observe prescribed office hours. This is consistent with the admonition that they should treat public office as public trust, not private property to be attended at one's whims. They can surely inspire public respect for the justice system by strictly observing official time, among others. Absenteeism and tardiness are impermissible. 6
WHEREFORE, the Court RESOLVES to IMPOSE on Judge Jaena Tangente-Laguda of Municipal Trial Court, Sibulan, Negros Oriental, in A.M. OCA-IPI 09-2227-MTJ the following FINES to be paid within 30 days from notice:
a) P5,000.00 for conduct prejudicial to the interest of the service, i.e., engaging in money-lending activities involving court staffs and employees, in violation of Canon 4 of the New Code of Judicial Conduct for the Philippine Judiciary;
b) P5,000.00 for solemnizing one marriage outside her jurisdiction, in violation of Administrative Order 125-2007; and
c) P5,000.00 for not regularly reporting for work in violation of Administrative Circular 02-2007 dated January 12, 2007.
Judge Laguda is WARNED that a repetition of any of the above offenses in the future shall be dealt with more severely. (Peralta, J., on official leave; Del Castillo, J., Acting Member, per Special Order 1541 [Revised] dated September 9, 2013.) SHCaDA
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.Rollo (A.M. P-09-2727), pp. 9-11.
2.Id. at 27-33.
3.Id. at 59-60.
4.Dionisio v. Hon. Escano, 362 Phil. 46, 53-54 (1999).
5.Reiteration of Administrative Circular 2-99 dated January 15, 1999, on Strict Observance of Working Hours and Disciplinary Action for Absenteeism and Tardiness dated January 12, 2007.
6.Re: Employees Incurring Habitual Tardiness in the 1st Semester of 2007, A.M. No. 2007-15-SC, January 19, 2009, 576 SCRA 121, 133-134.