A.M. No. 19-01-15-RTC - IN RE: Report on the judicial audit in Branch 24, Regional Trial Court, Cabugao, Ilocos Sur, under Hon. Raphiel Alzate, as acting presiding judge

In the Decision dated September 1, 2020, as reported in the judicial audit of Branch 24, RTC Cabugao, Ilocos Sur, Judge Raphiel F. Alzate was found guilty of gross ignorance of the law and gross misconduct.
The initial resolution imposed the supreme penalty of dismissal from service with forfeiture of all benefits due him (except accrued leave benefits), and it was decreed that he should be barred from re-employment in any government branch or government-owned or controlled corporation.
The decision was ordered to be entered into his record as a member of the Bar and circulated to all courts through the Integrated Bar of the Philippines and the Office of the Court Administrator.
Additionally, the resolution directed an investigation into the alleged involvement of Atty. Ma. Saniata Liwliwa G. Alzate in the annulment of marriage cases issued by Judge Alzate.

On February 1, 2022, Judge Alzate filed a Motion for Reconsideration seeking to modify the penalty imposed.
The Court partly granted the motion by reducing the penalty from dismissal to a suspension for five years, which was to include the one-year preventive suspension he had already served.
A fine of PHP 200,000.00 was also imposed, noting that this was the second instance of his administrative liability.
Moreover, Judge Alzate was exonerated from certain charges (specifically, blatant violation of A.M. No. 02-11-10-SC in some cases) while being held liable for gross neglect of duty in several others due to his failure to conduct a proper pre-trial and to await necessary reports concerning possible collusion.

In his Manifestation and Compliance dated February 5, 2024, Judge Alzate affirmed compliance with the payment of the fine by providing proof of payment through the Office of the Clerk of Court, RTC Bangued, Abra.
He also stated that he had assumed office as Presiding Judge of Branch 1, RTC Bangued, Abra effective February 1, 2024.
Notably, his compliance did not mention the continued obligation to serve the remaining part of the five-year suspension, which should have commenced upon receipt of the resolution on January 31, 2024.

The Court observed that by merely paying the fine and resuming duty without serving the pending suspension, Judge Alzate effectively disregarded the full extent of the disciplinary order.
The Court expressed suspicion that his omission regarding the five-year suspension was intentional and aimed at misleading both the Court and the judicial system.
Citing the precedent established in Dr. Alday v. Judge Cruz, Jr., the Court underscored that such conduct represents a clear act of defiance against judicial orders.
As a consequence of his deliberate noncompliance and subsequent insubordination, the Court ultimately found him guilty of grave misconduct prejudicial to the administration of justice, thereby justifying the imposition of the supreme penalty of dismissal from service.

Whether Judge Alzate’s actions in failing to serve the full term of his imposed suspension, despite payment of the fine, constitute a willful disregard for the disciplinary order.
Whether the modification of the penalty—from dismissal in the initial decision to a five-year suspension (inclusive of the one-year preventive suspension) with a fine—was proper and whether his subsequent conduct violates the modified disciplinary terms.
Whether his deliberate omission in his Manifestation and Compliance, specifically the non-mention of the pending suspension, was intended to subvert the judicial directive.
Whether his premature resumption of judicial duty in Branch 1, RTC Bangued, Abra, without prior clearance or appropriate notice, amounts to an act of insubordination and disregard of court orders.
Whether, by these actions, Judge Alzate has irreparably damaged the integrity and trust essential to the judicial office, thereby warranting the imposition of the supreme penalty of dismissal.