A.M. No. P-13-3126 - Galindez vs. Susbilla-De Vera

Veronica F. Galindez, the complainant, filed an administrative complaint-affidavit on October 12, 2009, against Court Stenographer Zosima Susbilla-De Vera of the Regional Trial Court, Branch 72, Olongapo City.
The complaint centered on allegations of fraudulent conduct by Susbilla-De Vera in soliciting money under the pretense of facilitating an adoption petition.

In July 2008, Galindez, interested in filing an adoption petition for her nephew and niece, approached Susbilla-De Vera for assistance.
Susbilla-De Vera, who was a school batchmate and court employee, assured Galindez that she could locate any pending adoption petition in the Family Court and even volunteer to handle the process.
She claimed that the entire adoption process could be fast-tracked in three months without the need for a lawyer, setting the cost at ₱130,000.00 with half payable as a down payment.
When Galindez could only afford ₱20,000.00 as a down payment, Susbilla-De Vera agreed and later accepted additional payments – ₱30,000.00 on one occasion and ₱15,000.00 on another – culminating in a total of ₱65,000.00.
A receipt for the full amount was issued by Susbilla-De Vera along with the promise that the adoption process would be properly handled.
Subsequent inquiries by Galindez revealed inconsistencies:

Upon follow-up, Susbilla-De Vera mentioned that the petition publication had been done but other necessary documents had yet to be located.
When Galindez pressed for further transparency, especially regarding the lawyer allegedly involved, Susbilla-De Vera diverted her to the Family Court logbook instead of facilitating an introduction.
Further investigation by Galindez at the Farinas Law Office revealed that an adoption petition had already been completed involving her own brother as the petitioner, and that no lawyer was engaged in the matter.

On October 26, 2009, Susbilla-De Vera was directed to submit her comment within ten days.
A subsequent reminder from the OCA on January 22, 2010, reiterated the order.

The Court, acting on recommendations from Court Administrator Jose Midas P. Marquez, gave Susbilla-De Vera a final opportunity to respond by ordering her to submit her comment within five days and to show cause within ten days why she should not be held liable.
Susbilla-De Vera’s failure to comply led the Court to decide the case based solely on the records on file.
The OCA, in its memorandum dated September 12, 2011, concluded that her conduct amounted to grave misconduct and recommended her dismissal from service with accompanying penalties.

Susbilla-De Vera violated key provisions of the Code of Conduct for Court Personnel:

By soliciting and accepting money on an explicit or implicit understanding that such funds would secure unwarranted benefits.
By misrepresenting her official capacity and falsely assuring the complainant of expedited legal processing.

The OCA identified her actions as constituting grave misconduct, which, under the applicable rules, warranted dismissal from the service and disqualification from future re-employment in government offices.

Whether Susbilla-De Vera’s conduct, in which she solicited and accepted money under false pretenses, constitutes grave misconduct punishable by dismissal from service.

The issue revolves around the integrity and probity expected of court personnel as public officers.
It questions the scope of authority and ethical boundaries regarding the facilitation of legal processes by court employees.

Whether her failure to comply with the orders of the Office of the Court Administrator, including the non-submission of her comment, further aggravates her misconduct.

The issue examines the significance of adherence to administrative directives.
It considers if such noncompliance serves to compound the gravity of her initial fraudulent acts.

Whether the administrative penalties imposed, including dismissal and forfeiture of retirement benefits, are conformable to the law and established judicial principles regarding misconduct in the judiciary.