A.M. No. P-96-1231 - Dicdican vs. Fer, Jr.

On the morning of August 24, 1996 (a Saturday), Complainant Judge Dicdican, accompanied by his wife after attending a wedding, proceeded to his office at Branch XI, RTC Cebu City and noticed that the door of his personnel’s office was not padlocked as usual.
Sensing an irregularity, the Judge and his wife pushed the door and found it bolted from the inside, prompting them to use the Judge’s own keys to gain entry.

Inside the office, Judge Dicdican observed a naked man emerging from a sofa and another person attempting to reach clothing on an adjacent table.
The naked man was identified as Respondent RUSSO FERNAN, JR., Clerk III in charge of records of criminal cases, while the person under the table, later identified as “Didi,” was found to be Respondent RAMIELA JOSEFA BOHOLST-EGOS, Clerk III of the Office of the Clerk of Court and assigned at the RTC Library.

When questioned, Respondent Fernan explained the situation with the remark, “Nasapnan lang gayud, Judge” (We were just caught, Judge), and pleaded for clemency with, “Please Judge, sakto na Judge.”
Judge Dicdican expressed his dismay by stating, “Dili ko gusto nga ang akong korte himoong motel” (I would not want my court to be transformed into a motel) and instructed for the office to be vacated immediately.

Complainant Judge Dicdican summoned several witnesses present at the scene, including Provincial Guard Alfredo Abella, Supervisor Henry Espinosa, utility workers Ariel Momongan and Ignacio Candones, plumber Quirino Alberia, and janitors Celso Miano and Ike Tunacao, all of whom witnessed the indecent conduct.
After recording the statements in writing and obtaining the witnesses’ affidavits, the Judge endorsed both his complaint and the affidavits to Executive Judge Priscila S. Agana for further action.

Respondent Fernan tendered his resignation effective August 26, 1996, alleging health reasons, while Respondent Egos (Egos being the sister or related designation for Respondent Egos as identified with Mrs. Ramiela Boholst-Egos) filed her resignation the following day for “personal reasons.”
Due to a conflict of interest arising from familial ties in the investigation unit, Executive Judge Agana inhibited herself and delegated the investigation to Judge Leonardo Canares of Branch X, RTC Cebu City.
Judge Canares summoned all parties and witnesses and directed the submission of counter-affidavits; however, only the complainant and his witnesses appeared.

Based exclusively on the uncontradicted evidence presented by the complainant and his witnesses, the investigating judge found that the respondents were guilty of disgraceful and immoral conduct.
The investigation report noted that the respondents’ failure to appear and to provide counter-affidavits, along with their subsequent resignations two days after the incident, were significant indicators of their guilt.

The administrative body, through Deputy Court Administrator Bernardo P. Abesamis, affirmed the findings and recommended severe disciplinary measures.
The penalty imposed on Respondents Russo Fernan, Jr. and Ramiela Boholst-Egos was immediate dismissal from service, with forfeiture of all retirement benefits and accrued leave credits, and with prejudice to re-employment in any branch or instrumentality of government.

Whether the conduct of the respondents, involving sexual activity within the court’s personnel office, constituted disgraceful and immoral conduct in violation of the standards expected of court employees.

Determination of whether their behavior breached the ethical and professional standards mandated for judges and court personnel.
Examination of the impact of such behavior on the image and integrity of the court.

Whether the respondents’ tendering of their resignations could be accepted as an exculpatory measure or serve as a substitute for responding to the administrative complaint.

Analysis of the legal effect of resignation in the context of administrative accountability.
Consideration of the respondents’ failure to appear and file counter-affidavits in the investigation process.