Case Digest (A.M. No. R-705-RTJ, R-698-P, 2909)
Facts:
Ligaya Gonzales-Austria, Leonila Fuertes and Edgardo Servando, Complainants, vs. Judge Emmanuel M. Abaya, RTC, Br. 51, Puerto Princesa City and Annabelle Cardenas, Respondents, Adm. Matter No. R-705-RTJ; A.M. No. R-698-P; Adm. Case No. 2909, August 23, 1989, Supreme Court En Banc, Fernando, C.J., writing for the Court.In July 1986 Atty. Ligaya Gonzales-Austria (then Branch Clerk of Court, RTC Branch 52), Leonila Fuertes and Edgardo Servando filed an administrative complaint (Adm. Matter No. R-705-RTJ) charging Judge Emmanuel M. Abaya, then Presiding Judge of RTC Branch 51, and court stenographer Annabelle Cardenas with (1) estafa through falsification of public/official documents (alleging Cardenas was a ghost employee from August 1983–May 1984 and that payees' signatures were forged on treasury warrants), (2) gross dishonesty and corruption (soliciting and receiving bribes while Judge Abaya was temporarily assigned to Branch 52), and (3) illegal exaction of portions of employees' salaries. Judge Abaya filed a comment denying the charges and asserted retaliatory motives, pointing to a prior complaint (Adm. Matter No. R-698-P, July 18, 1986) charging Atty. Austria with dishonesty and grave misconduct for allegedly forging his signature on a probation order; that complaint led to Adm. Case No. 2909 (disbarment petition, Aug. 5, 1986).
The Court consolidated the related proceedings and on October 28, 1986 allowed amendment to include Annabelle Cardenas as co-respondent on the falsification charge. By resolution of December 11, 1986 the cases were referred to Court of Appeals Justice Oscar M. Herrera for investigation, report and recommendation. Justice Herrera conducted hearings (transcripts dated 1988 appear in the record), received documentary and testimonial evidence, and recommended (inter alia) forfeiture of Judge Abaya’s retirement benefits except earned leave credits, removal of Cardenas from her position, and a one-year suspension of Atty. Austria from the practice of law.
The Supreme Court reviewed Justice Herrera’s report, the evidence (school records, daily time records of Princess Tours, treasury warrants, diary entries, witness testimony including Mrs. Fuertes and Judge Angel R. Miclat), and the parties’ pleadings. Judge Abaya’s resignation had been accepted on February 17, 1987; Atty. Austria had tendered a resignatio...(Subscriber-Only)
Issues:
- Does a judge’s resignation preclude administrative penalties such as forfeiture of retirement benefits?
- Are Judge Emmanuel M. Abaya and Annabelle Cardenas guilty of estafa through falsification of public or official documents (ghost-employee scheme)?
- Is Judge Emmanuel M. Abaya guilty of gross dishonesty and corruption by soliciting, demanding and receiving bribe money while temporarily assigned to Branch 52?
- Is Judge Emmanuel M. Abaya guilty of illegal exaction of portions of subordinate employees’ salaries?
- Is Atty. Ligaya Gonzales-Austria guilty of dishonesty/grave misconduct for signing Judge Abay...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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