Wednesday, September 7, 2016

Spouses ROMEO P. NAZARENO and ELISA A. NAZARENO vs. JUDGE ENRIQUE M. ALMARIO

[A.M. No. RTJ-94-1195. February 26, 1997]
In a sworn complaint dated 28 February 1994 for gross misconduct or acts unbecoming a judge filed against Judge Enrique M. Almario, then presiding judge of the Regional Trial Court, Branch 15, Naic, Cavite, the spouses Romeo P. Nazareno and Elisa A. Nazareno:
respondent judge denied all the charges against him.
the Court approved the OCA recommendation and designated Court of Appeals Associate Justice Conchita Carpio Morales to conduct an investigation and submit a report and recommendation.
 Elisa Nazareno she testified and affirmed the truth of the allegations in the complaint.
She first narrated how respondent Judge Almario, on one occasion, asked her to enter his chamber after which he told Elisa, in the Visayan dialect, how he needed money since he was nearing his retirement age and that she should help him ("tulungan mo ako"). She told the judge that she would see what she could do. Elisa then recounted that she later gave Judge Almario ten thousand pesos (P10,000.00) on two (2) separate occasions.
Romeo corroborated the testimony of Elisa that Judge Almario met with them to discuss his decision to replace him as administrator. Romeo added that respondent judge made them believe that he wanted the spouses to offer something to him.
Remedios Antipuesto she testified that she worked as a helper for complainant Mrs. Elisa Nazareno.
She recalled a time when Mrs. Nazareno asked her to help cook some food which respondent judge was asking for. She could not remember the exact date but she recalled that an employee of the court where the judge was assigned, a certain "Joe", picked up the food.
Alcantara also testified having seen the Nazareno spouses at the Seaside Beach Resort on at least one occasion when respondent judge and his sister-in-law were there. Alcantara stated that the Nazareno spouses brought food which they handed over to the sister-in-law ("hipag") of respondent Judge Almario
 Salvadora admitted having picked up some food from the food stall of Mrs. Nazareno for the Christmas party of respondent judge's court staff at the Aroma Beach Resort.
Respondent Judge Enrique M. Almario he denied ever receiving any money from the Nazareno spouses. He maintained that the allegations in the complaint against him are all fabricated and were filed because the Nazarenos had been receiving adverse rulings and orders from him in several cases.
ISSUE: WON judge is guilty of gross dishonesty and misconduct?
Held:

After a close and careful study of the records of the proceedings before investigating Justice Conchita Carpio Morales, the Court finds sufficient evidence to find respondent Judge Enrique M. Almario liable for gross dishonesty and misconduct. His conduct undoubtedly is unbecoming a member of the bench.
The time honored rule is that a public official whose duty is to apply the law and dispense justice, be he a judge of a lower court or tribunal or a justice of the appellate courts, should not only be impartial, independent and honest but should be believed and perceived to be impartial, independent and honest.
It has to be stressed once more to all who are sworn to render decisions in actual controversies that a decision which correctly applies the law and jurisprudence will nevertheless be subject to questions of impropriety when rendered by a magistrate or tribunal believed to be less than impartial and honest. It is thus the duty of members of the bench to avoid any impression of impropriety to protect the image and integrity of the judiciary which in recent times has been the object of criticism and controversy.
In the present case, respondent's denial of the charges leveled by complainants that he had asked for and accepted food contributions on at least two (2) occasions from litigants (herein complainants) is contradicted by his own witnesses, Roldan Alcantara and Jose R.. Salvadora, Jr., who are both employees of the court. Nothing in the testimonies of these two (2) court employees shows any motivation other than to tell the truth.
On the charge of having accepted P20,000.00 from the Nazareno spouses and receiving cash in exchange for his salary check which he never gave to Mrs. Nazareno, the Court agrees with the conclusions of Justice Morales that complainant Elisa Nazareno had convincingly proven having given: a) P10,000.00 to respondent judge on two (2) occasions and b) cash for respondent's salary check. As correctly observed by Justice Morales, the testimony of Mrs. Nazareno was undented even when subjected to an extended cross examination by respondent judge
In sum, the Court finds the charges of gross misconduct and conduct unbecoming a judge as having been sufficiently substantiated. Judge Enrique M. Almario deserves no less than the penalty of dismissal from the service.

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