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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