Facts:

This administrative matter arose from a verified Complaint filed on November 3, 2010, by Atty. Gail M. Bacbac-Del Isen, who served as Clerk of Court V at the Regional Trial Court (RTC) in Baguio City, Branch 3. The respondent, Mr. Romar Q. Molina, was a Clerk III at the same RTC. The complaint alleged that Molina violated Republic Act No. 3019, known as the Anti-Graft and Corrupt Practices Act. The complaint stemmed from an incident reported on October 20, 2010, when Ms. Marie Rose Victoria C. Delson, a bondsman and employee of UCPB General Insurance Company, Inc., informed Bacbac-Del Isen about Molina's illicit activities. In her affidavit, Delson claimed that Molina solicited P3,000 from her to expedite the temporary release of Mr. Consuelo Romero, who was facing charges in Criminal Case No. 23502-R. Delson recounted that Molina explicitly stated, "Para mas madali ilakad magbigay ka ng three thousand pesos (P3,000)." After giving the money, Delson later demand...

Facts:

Background of the Complaint

• The case originated from a verified complaint filed by Atty. Gail M. Bacbac-Del Isen, Clerk of Court V at the Regional Trial Court (RTC) of Baguio City, Branch 3, against Romar Q. Molina, Clerk III at the same court.
• The complaint alleged that Molina violated Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) by soliciting money from a bondsman, Ms. Marie Rose Victoria C. Delson, to facilitate the release of an accused in a criminal case.

Incident Involving Ms. Delson

• Ms. Delson, an employee of UCPB General Insurance Company, Inc., stated in her affidavit that Molina asked for P3,000 to expedite the temporary release of Mr. Consuelo Romero, the accused in Criminal Case No. 23502-R.
• Molina allegedly said, "Para mas madali ilakad, magbigay ka ng three thousand pesos (P3,000)."
• Ms. Delson gave the money but later demanded its return when the accused was released without Molina's intervention. Molina repaid the amount in installments from July to August 2010.

Prior Rumors of Misconduct

• Complainant Bacbac-Del Isen revealed that there were prior rumors of Molina soliciting money from bondsmen and clients in exchange for expediting their cases.

Administrative Proceedings

• The Office of the Court Administrator (OCA) indorsed the complaint to Molina for comment, but he failed to submit his comment within the extended deadline.
• A confrontation between Molina and Ms. Delson occurred on 19 January 2011, leading to Ms. Delson accusing Molina of harassment and Molina filing a perjury case against her. The perjury case was dismissed as premature.
• The OCA referred the matter to the Executive Judge of the RTC of Baguio City for investigation. Executive Judge Iluminada P. Cabato found Molina guilty of violating the Code of Conduct for Court Personnel and recommended a one-year suspension.

OCA’s Recommendation

• The OCA adopted the findings of Executive Judge Cabato but recommended a harsher penalty: dismissal from service, forfeiture of retirement benefits, and disqualification from re-employment in any government agency.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Credibility of Witnesses:

   • Ms. Delson’s testimony was deemed credible and corroborated by the investigation report of Executive Judge Cabato.
   • Molina’s defense of denial was weak and unsupported by evidence. Denial, without strong evidence, is insufficient to counter positive testimony.

2. Violation of the Code of Conduct for Court Personnel:

   • Molina violated Sections 1 and 2 of Canon I and Section 2(b) of Canon III of the Code of Conduct for Court Personnel, which prohibit soliciting or accepting gifts or benefits in exchange for official actions.

3. Grave Misconduct:

   • Soliciting and receiving money from litigants, even if the favor was not granted, constitutes grave misconduct. This act undermines the integrity of the judiciary and violates the trust reposed in court personnel.

4. Penalty:

   • The Civil Service Rules prescribe dismissal for improper solicitation at the first offense. The Court emphasized that court personnel must adhere to the highest standards of integrity and morality.
   • No mitigating circumstances were applied, as Molina’s actions were part of a pattern of corrupt behavior.

5. Importance of Judicial Integrity:

   • The Court reiterated that the conduct of court personnel must always reflect propriety and decorum to maintain public trust in the judiciary. Any act of corruption or misconduct tarnishes the reputation of the entire judicial system.