Case Digest (G.R. No. L-3323)
Facts:
Atty. Virgilia C. Carman, for herself and on behalf of spouses Dennis and Elenita Jarangue and Paz Almacen, filed an administrative complaint against Judge Alexis A. Zerrudo, MTCC Iloilo City, Branch 3, and Ma. Theresa G. Zerrudo, Assistant Clerk of Court, alleging falsification of a private deed of sale, falsification through false statements in a petition for reconstitution, grave abuse of authority in connection with a bail matter and alleged estafa/malversation, and conduct unbecoming.The complaint alleged, among others, that on New Year’s Day of 1994, Judge Zerrudo personally prepared a bail petition for accused Oscar Santalisis, hastily fixed bail at P2,000.00, and ordered release despite non-posting of bail; that Oscar’s wife, Ma. Theresa Zerrudo, later personally paid and posted the cash bond on January 3, 1994. During investigation, complainants later manifested that they had amicably settled and withdrew the case, leaving only Atty. Carman as lone complainant; an i
Case Digest (G.R. No. L-3323)
Facts:
- Initiation of administrative complaint and respondents
- Atty. Virgilia C. Carman filed an administrative complaint for herself and on behalf of her clients, spouses Dennis and Elenita Jarangue, and Paz Almacen.
- The complaint named as respondents:
- Judge Alexis A. Zerrudo, Municipal Trial Court in Cities (MTCC) Zarraga-Leganes-New Lucena, Branch 3, Iloilo City.
- Ma. Theresa G. Zerrudo, Assistant Clerk of Court of MTCC Iloilo City.
- Nature of allegations in the complaint
- The complainants charged respondent judge with falsification of a private document (a deed of sale).
- The complainants also charged respondent judge with falsification through false and untruthful statements in the narration of facts.
- The complainants likewise charged respondent judge with grave abuse of authority/judicial discretion and of judicial function.
- Additional charges included conduct unbecoming and unworthy of a judge and court employee.
- The complaint further included charges of estafa/malversation of funds.
- First set of charges: falsification of a private document and conduct unbecoming
- Complainants alleged that in 1977, Maria and Mauro Santalisis sold half of their 444 square-meter residential lot (No. 3706-A) in Iloilo City to complainant-spouses Dennis and Elenita Jarangue.
- Complainants alleged that, despite the 1977 sale, respondent judge prepared and notarized a Deed of Sale in January 1984.
- Complainants alleged that the January 1984 deed purportedly involved a sale between respondent judge’s friend Oscar Santalisis and Oscar’s foster mother, Maria Santalisis.
- Complainants alleged that the January 1984 deed covered the same residential lot.
- Complainants asserted that Maria’s signature on the 1984 deed was forged.
- Complainants alleged that respondent judge made it appear that Oscar was a widower although Oscar’s marriage to Erlinda Torre was still subsisting.
- Complainants alleged that respondent judge prepared the 1984 deed although he personally knew that half of the lot already belonged to complainant-spouses Jarangue.
- Complainants alleged that, sometime in 1978 to 1980, respondent judge assisted the Jarangues in ejecting a man from the Jarangues’ half portion of the land.
- Complainants alleged that Oscar Santalisis was aware of the prior sale because Oscar was a witness to the 1977 deed of sale.
- Complainants stated that Maria died on November 5, 1984.
- Three days later, Oscar filed with the Iloilo Registry of Deeds a Notice of Adverse Claim over the residential lot, notarized by respondent judge on November 2, 1984.
- Complainants alleged an inconsistency in the notarial records: the 1984 Deed of Sale had a higher page number in respondent judge’s notarial record than Oscar’s November 1984 Notice of Adverse Claim.
- Complainants concluded that the notarial record entries proved the Deed of Sale was antedated to make it appear that the subject lot was sold to Oscar before Maria’s death.
- Complainants alleged that, because of the alleged bogus deed, the entire lot was transferred and registered in Oscar’s name.
- Complainants stated that in October 1985, Oscar sold the lot to respondent-spouses Zerrudo.
- Complainants alleged that title was transferred to respondent-spouses and that respondents took possession of the half portion which, according to complainants, legally belonged to Jarangue.
- Complainants alleged that Ma. Theresa Zerrudo personally followed up the titling with the Register of Deeds, taking advantage of her husband’s position as judge and her position as MTCC Assistant Clerk of Court.
- Complainants alleged that, as a result, they filed in court:
- Two counts of falsification of private documents.
- A civil case for annulment of sale against respondents and Oscar Santalisis.
- Second set of charges: falsification through false and untruthful statements in a petition for reconstitution
- Complainants alleged that, in a petition for reconstitution of the owners duplicate copy of TCT No. T-39863 (covering residential lot No. 3706-A) in the name of Maria and Mauro Santalisis, respondent judge falsely alleged under oath that:
- The owners duplicate copy of the title was lost or destroyed and could no longer be located among the things the Santalisis spouses left after their death.
- The title had not been encumbered or mortgaged, and if at all it had been encumbered, the encumbrance had already been released and discharged.
- Complainants alleged that respondent judge knowingly made these false statements because he knew the title was in the possession of the Rural Bank of Zarraga, as Maria had mortgaged the property for PHP five thousand pesos (P5,000.00).
- Complainants alleged that, through the misrepresentation, respondent judge acquired a new owners duplicate copy of title covering the lot in his name and that of his wife.
- Third set of charges: grave abuse of authority/judicial discretion, and estafa/malversation of funds connected with bail in a murder case
- Complainants alleged that on December 31, 1993, one Eduardo Almacen (husband of complainant Paz Almacen) was shot by Antonio and Armando Andrada, allegedly on orders of Oscar Santalisis.
- Complainants alleged that Oscar and the Andradas were detained.
- Complainants alleged that respondent judge asked P/Chief Inspector Salvador Thornton to release Oscar to his custody, but the request was denied.
- Complainants alleged respondent judge personally wrote a petition for bail.
- Complainants alleged that on January 1, 1994:
- Respondent judge granted the petition for bail without furnishing the Office of the City Prosecutor a copy of the petition.
- Respondent judge fixed the bail himself at PHP two thousand pesos (P2,000.00) without considering the gravity of the offense.
- Respondent judge immediately issued an Order directing Oscar’s release from detention though Oscar had not yet posted bail.
- Oscar’s bail was allegedly paid and deposited only on January 3, 1994, after PHP two thousand pesos (P2,000.00) cash bond was personally paid for and deposited with the Clerk of Court of MTCC Iloilo City by respondent Ma. Theresa Zerrudo, assistant clerk of court.
- Complainants alleged that Eduardo Almacen died on January 5, 1994 and a murder case was filed against Oscar and the Andradas before the Office of the City Prosecutor.
- Complainants alleged that no bail was recommended in that case.
- Complainants alleged respondent judge secured the services of Atty. Rey Padilla to represent Oscar.
- Complainants alleged that, upon respondent judge’s instruction, Atty. Padilla filed a petition for bail in the amount of PHP thirty thousand pesos (P30,000.00).
- Complainants alleged that due to respondent judge’s influence, Judge Jose D. Azarraga, RTC Iloilo City, Branch 37 granted bail without conducting any hearing.
- Complainants alleged that, after trial, only the Andradas were convicted and Oscar was acquitted because respondent judge allegedly acted as his padrino.
- Complainants alleged that the PHP two thousand pesos (P2,000.00) cash bond was subsequently withdrawn by respondent Ma. Theresa Zerrudo and used for her personal needs by applying it to pay her loan with the Monte de Piedad Savings Bank.
- Complainants alleged that the disbursement voucher supporting the withdrawal of the cash bond was kept by respondent assistant clerk of court Zerrudo without giving the Clerk of Court a copy of the same.
- Position of respondents in their Comments
- Respondent judge’s Comment on falsification of the 1984 deed of sale
- Respondent judge explained that he prepared and notarized the deed as a lawyer, not as MTCC judge, because he was appointed judge only in 1986.
- He denied that the deed was falsified, asserting Maria’s signat...(Subscriber-Only)