A.C. No. 5900 - Re: People vs Cresencio P. Co Untian, Jr.

A letter dated May 8, 2018, from Presiding Judge Ma. Theresa A. Camannong of Branch 9, RTC Malaybalay City, Bukidnon, set the administrative matter in motion.
In the letter, Judge Camannong relayed information regarding alleged corrupt practices involving Nemia Alma Y. Almanoche, a Court Stenographer III of Branch 10, RTC Malaybalay City, Bukidnon.

On May 3, 2018, Judge Camannong received information from Louie Veluz, a legal researcher in Branch 9, indicating that Dianne Balansag, a job order worker in the same branch, had provided details regarding Ms. Almanoche’s conduct.
The allegation stated that Ms. Almanoche solicited PHP 20,000.00 from Jean Baguio in exchange for the dismissed criminal case against Baguio’s two sons.
It was alleged that the requested funds were to be “given to the judge, the fiscal, and the PAO,” implying a corrupt arrangement to influence the disposition of the pending case.

Judge Camannong immediately contacted Prosecutor Iris T. Panganiban, who confirmed that both Dianne Balansag and Jean Baguio had relayed the incident details to her.
On May 7, 2018, Baguio was brought to Judge Camannong’s chambers where she narrated the events, with the Public Attorney’s Office (PAO) lawyer Atty. Thania Marie IbaAez present.
Baguio agreed to execute an affidavit which was later attached to Judge Camannong’s letter to Judge Cole, the Acting Presiding Judge of Branch 10.

She identified herself as the mother of the two accused in a frustrated murder case docketed as Criminal Case No. 32244-18 pending in Branch 9.
On April 27, 2018, along with others including Fe Baguio and Loreta “Auring” O. Rico, Baguio approached Ms. Almanoche. During the encounter, Almanoche solicited an initial PHP 15,000.00, explaining that the money would “take care of the Prosecutor, the Judge, and the PAO.”

Due to insufficient funds, Baguio initially paid PHP 1,000.00 and promised to remit the balance on April 30, 2018.
On April 28, 2018, a meeting ensued with Rico, who relayed a text message from Almanoche demanding an additional PHP 5,000.00 for the case involving three accused individuals.
On April 29, 2018, Kagawad Ricky James Balansag, who Baguio met to solicit further financial help, suggested that the money be directed instead to a private complainant, Mr. Remelito Binalo, who subsequently received additional funds from Baguio.
On April 30, 2018, Baguio appeared before Prosecutor Panganiban at the Hall of Justice with Binalo, during which Binalo executed an Affidavit of Desistance, and Baguio reiterated the agreement with Ms. Almanoche.

Acting on Judge Camannong’s directive, Judge Cole referred the matter to Executive Judge Isobel G. Barroso of the RTC Malaybalay City. Judge Barroso then forwarded the records to the Office of the Court Administrator (OCA) for appropriate action.
The OCA, following its protocols, transmitted the records to the Judicial Integrity Board (JIB) pursuant to Administrative Matter No. 18-01-05-SC.
Judge Barroso, after a series of judicial affidavits and a summary hearing held on July 1, 2022, found that Ms. Almanoche had “clearly fallen short” in observance of the Code of Conduct for Court Personnel.
Despite recommending a mitigating penalty of one month suspension without pay, the JIB in its October 5, 2022 Report found merit in imputing serious dishonesty to Almanoche and recommended her dismissal, emphasizing that length of service or first-time offense status does not mitigate grave offenses such as serious dishonesty.

In her comment, Ms. Almanoche vehemently denied the charge of soliciting money for judicial favors.
She acknowledged consultations with Rico and other mothers but claimed no arrangement was made to settle or dismiss any case.
Citing cultural affiliation as a "Bae" of the Tagoloanen tribe, she explained that her actions involved advising the complainants to seek assistance from the Punong Barangay, not to execute any corrupt solicitation.
To substantiate her version, Ms. Almanoche attached an affidavit from Rico, which aimed to corroborate her claim that no improper benefit was received from the complainant.

Whether Ms. Almanoche, as a Court Stenographer III, is liable for serious dishonesty for allegedly soliciting money in connection with the dismissal of a criminal case.

Is there sufficient evidence, predominantly Baguio’s affidavit supplemented by corroborative testimonies, to support the allegation of soliciting money?
Does the act, although not directly related to her official duties, compromise the integrity and public confidence in the judiciary?

The reliability of hearsay evidence, considering that certain testimonies (of Judge Camannong, Prosecutor Panganiban, and Atty. IbaAez) were based on accounts that were later corroborated by Baguio’s affidavit.
Whether the relaxation of the hearsay rule is justified in administrative disciplinary proceedings against court personnel.

Given the mitigating factors presented (length of service, first-time offense, and the claim of not receiving the solicited money), is dismissal from service the imposed and proper sanction?
How does the recent promulgation and applicability of the Further Amendments to Rule 140 affect the determination of liability and penalty?