Case Digest (A.M. No. P-21-027)
Facts:
Presiding Judge Lorna B. Santiago-Avila v. Juanito B. Narisma, Jr., A.M. No. P-21-027 (Formerly OCA-IPI No. 17-4769-P), January 31, 2023, the Supreme Court En Banc, Per Curiam.The complaint originated when Court Stenographer Nenita Paderes reported on July 6, 2017 that a certain Edilbert (Eddie) Cantoja was impersonating Judge Santiago-Avila’s driver and, with the assistance of a court insider, extorting money from litigants. Paderes eventually identified Juanito B. Narisma, Jr. (also known as “Jun”), a process server of RTC Branch 36, General Santos City, as the alleged insider.
Thereafter, a complainant, Shirley Chan, told Judge Santiago-Avila that in November and December 2016 Cantoja represented himself as the judge’s driver and promised he could secure a favorable resolution on Shirley’s daughter Christine Madison Chan’s petition for bail with the help of “Jun” (later identified as Narisma). Shirley recounted occasions in which Narisma asked about Christine’s release and, during a bail hearing, warned Shirley to stay out of court because he would personally facilitate Christine’s release; Cantoja later demanded PHP 200,000.00, claiming Judge Santiago-Avila was asking for that sum.
Acting on Shirley’s disclosures, Judge Santiago-Avila and Shirley coordinated with the National Bureau of Investigation (NBI) to effect an entrapment operation. On July 12, 2017, NBI arrested Cantoja after receipt of marked money; among materials seized was a cellphone containing messages from mobile number 0943-063-0794, verified to belong to Narisma. Criminal informations for robbery and for violation of Section 7(d) of R.A. No. 6713 were filed against Cantoja and Narisma on September 29, 2017. Judge Santiago-Avila issued Memorandum Order No. 2017-13 dated July 18, 2017 temporarily relieving Narisma of duties pending the criminal investigation.
Judge Santiago-Avila filed an administrative complaint for grave misconduct against Narisma and requested that the investigation be referred outside General Santos City. The Office of the Court Administrator (OCA) indorsed the complaint and directed Narisma to file a comment; in his comment dated September 22, 2018 Narisma denied the allegations, asserted his 25-year unblemished service, and noted his salary had been withheld since May 2018.
The OCA referred the matter to Executive Judge Adelbert S. Santillan of RTC Polomolok for investigation. In his Investigation and Recommendation (dated December 14, 2020), Judge Santillan found more than sufficient evidence linking Narisma to Cantoja’s extortion of Shirley and concluded Narisma’s conduct constituted grave misconduct. The case was redocketed as a regular administrative matter and referred to the Judicial Integrity Board (JIB). The JIB’s August 17, 2022 Report agreed with Judge Santillan’s ...(Pro-only)
Issues:
- Is the administrative case against Juanito B. Narisma, Jr. moot and academic by reason of his prior separation from the service and dropping from the rolls?
- Was Juanito B. Narisma, Jr. administratively liable for grave misconduct for his alleged participation in the extortion scheme, and what pe...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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