Case Digest (A.M. No. P-16-3564)
Facts:
Judge Andrew U. Barcena v. Thelma S. Abadilla, Roseller O. Israel, Ulysses D. Dupaya, Roy C. Rosales, and James D. Lorilla, A.M. No. P-16-3564 [Formerly OCA IPI No. 10-3503-P], January 24, 2017, the Supreme Court En Banc, Per Curiam, decided an administrative complaint for gross insubordination, gross disrespect to a judicial authority, and related charges filed by the presiding judge of the Municipal Trial Court (MTC), Lal-lo, Cagayan.Judge Barcena (complainant) filed an Affidavit-Complaint dated July 16, 2010 narrating that on July 15, 2010 four male personnel of the Office of the Clerk of Court (OCC) — James D. Lorilla (Junior Process Server), Ulysses D. Dupaya (Clerk IV), Roy C. Rosales (Clerk III), and Roseller O. Israel (Cashier I) — came to his chamber demanding that he sign their Performance Evaluation Forms (PEFs). He alleged that despite his prior verbal instructions to their supervisor, Thelma S. Abadilla (Clerk of Court II), to hold the PEFs until he could confer individually with staff, the folder containing the PEFs was in the hands of Lorilla; when Judge Barcena instructed Lorilla to call Abadilla, Lorilla allegedly shouted at him, pointed a finger, then grabbed and strangled him, causing injury under the left ear. Judge Barcena attached witness affidavits, reported the incident to his Executive Judge and the Office of the Court Administrator (OCA), and indicated he would file criminal and administrative charges.
Respondents filed counter-affidavits. Lorilla and co-respondents maintained they went to the judge’s chambers only to leave the PEF folder at the judge’s request or in accordance with prior informal instructions, denied assaulting Judge Barcena, and alleged the judge had been the aggressor. Abadilla denied authorizing the PEFs’ release or conspiring to assault the judge. A separate affidavit by Dante Quinto claimed to have overheard Rosales utter a threatening remark earlier that day.
The OCA initially recommended holding the administrative evaluation in abeyance pending resolution of the criminal case for frustrated murder and recommended suspension of Lorilla. The Court directed an investigation by an RTC judge (Investigating Judge), who, after hearing, found no basis to hold Abadilla, Dupaya, Rosales, and Israel administratively liable but found Lorilla guilty of grave misconduct and recommended a six-month suspension. The OCA then recommended: dismissal of charges against Abadilla, Dupaya, and Israel for insufficiency of evidence; finding Rosales guil...(Subscriber-Only)
Issues:
- Did Judge Barcena prove, by the appropriate quantum of evidence, that Thelma S. Abadilla, Ulysses D. Dupaya, Roseller O. Israel, and Roy C. Rosales were administratively liable for gross insubordination, conspiracy, or gross disrespect to judicial authority?
- Did James D. Lorilla commit grave misconduct warranting administrative sanctions, an...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)