Case Digest (A.M. No. P-1356)
Facts:
In A.M. No. 2170-MC (P-1356), Hon. Remigio E. Zari (Presiding Judge of Branch VI, City Court of Quezon City) filed on July 15, 1976 a complaint before the Supreme Court seeking the dismissal of Mr. Diosdado S. Flores, Deputy Clerk of Court of the same branch. Judge Zari alleged three grounds: (1) a 1967 conviction for libel (Criminal Case No. Q-7171, CFI Quezon City, Branch IV) constituting a crime involving moral turpitude; (2) persistent handwritten notes to the judge and to another clerk amounting to undue influence in pending cases; and (3) grossly contemptuous language addressed to superior officers in a letter dated March 11, 1976. By resolution of July 29, 1976 the case was docketed with the First Division, and Flores filed his answer on August 12, 1976, denying moral turpitude, undue influence and discourteousness, and alleging improper conduct by Judge Zari. Judge Zari filed a reply, further charging Flores with a false sworn affidavit of good moral character in 1969Case Digest (A.M. No. P-1356)
Facts:
- Complaint by Presiding Judge Remigio E. Zari (July 15, 1976)
- Conviction for libel on April 28, 1967 (Criminal Case No. Q-7171, Branch IV, CFI Quezon City), fined ₱500 (paid July 18, 1974).
- Persistent attempts to unduly influence Branch VI cases, evidenced by handwritten notes and leading to respondent’s relief on March 8, 1976.
- Gross discourtesy to superior officers by using strong, contemptuous language in a letter dated March 11, 1976.
- Procedural History and Pleadings
- Supreme Court resolution (July 29, 1976) required respondent’s answer; case assigned to First Division.
- Respondent’s answer (Aug. 12, 1976): denied moral turpitude in libel, justified notes and letter as expressions of grievance, alleged Judge Zari’s undue instructions, and claimed a spirit of friendship.
- Complainant’s reply: denied all undue instructions, clarified lunch and ocular inspection incidents, insisted on safeguarding records, and charged false statements in respondent’s 1969 affidavit and civil service form.
- Investigation and Recommendation by Executive Judge Sergio A. F. Apostol
- Referral for investigation after other judges inhibited.
- Findings:
- Libel conviction involves moral turpitude.
- Handwritten notes demonstrate undue influence.
- March 11, 1976 letter shows gross discourtesy and insubordination.
- False sworn statement in appointment papers constitutes prevarication.
- Recommendation: separation from service with forfeiture of retirement privileges and prejudice to future government employment.
Issues:
- Does the respondent’s libel conviction involve moral turpitude under PD 807, Sec. 36(b)?
- Did the respondent unduly influence cases pending before Branch VI through handwritten notes?
- Did the respondent exhibit gross discourtesy and insubordination toward superior officers in his March 11, 1976 letter?
- Did the respondent commit prevarication by falsely declaring no criminal record in his appointment documents?
- What disciplinary measure is appropriate for the respondent’s combined misconduct?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)