A.M. No. 326-CJ - Villa vs. Llamas

Complainant: Carlita E. Villena-Lopez, a court employee at the Office of the Clerk of Court, Regional Trial Court (RTC), Malolos City, Bulacan.
Respondents:

Ronaldo S. Lopez, Junior Process Server of the Municipal Trial Court (MTC), Paombong, Bulacan.
Buenafe R. Carasig, Clerk II of the Municipal Trial Court, Paombong, Bulacan.

Carlita E. Villena-Lopez and Ronaldo S. Lopez were married on 11 February 1995 through a religious ceremony.
The couple was blessed with three children.

The complainant alleged that issues in the marital relationship surfaced when respondent Lopez engaged in an extramarital affair with respondent Carasig.
The affair was said to be common knowledge among personnel at the MTC, Paombong, Bulacan.
Despite the known illicit relationship, the complainant remained silent for nearly seven years for the sake of their children.
The affair was eventually exposed when their children noticed their father’s behavior during a family gathering and observed the respondents’ intimate conduct, including riding together in a vehicle.

Upon confrontation by the complainant, respondent Lopez initially denied the affair but eventually admitted to his extra-marital relationship with Carasig.
Photographic evidence gathered from social networking sites, showing the respondents in an intimate relationship, was attached to the complaint.

On 27 May 2013, Ronaldo S. Lopez tendered his resignation to Judge Rowena H. Rama-Chavez, explaining that his resignation was out of respect for the judiciary, not to avoid administrative sanctions.
On 30 May 2013, Buenafe R. Carasig likewise submitted her resignation.
Both respondents indicated in their respective comments that they would not provide further comment on the complaint, effectively leaving the matter for the Court’s discretion.

On 25 September 2013, the complainant executed an Affidavit of Desistance, declaring that she was no longer interested in pursuing the case against the respondents.
Despite this, the case was not automatically dismissed, emphasizing the Court’s interest in maintaining judicial integrity.

The administrative complaint against the respondents be re-docketed as a regular administrative matter.
Respondents be found guilty of disgraceful and immoral conduct.
Each respondent be fined Fifty Thousand Pesos (P50,000.00), which would be deducted from their accrued leave credits, with any balance payable directly to the Court.

The recommendation highlighted that the misconduct had compromised the integrity of the judiciary, a duty all court personnel must uphold.

Whether or not the respondents engaged in disgraceful and immoral conduct in violation of the ethical and professional standards expected of employees of the judiciary.
Whether the voluntary resignations of the respondents preclude their administrative liability for actions committed while in service.
Whether the complainant’s affidavit of desistance and subsequent lack of interest in the prosecution of the case should automatically result in the dismissal of the administrative case against the respondents.