Case Summary (A.M. No. P-18-3842)
Allegations Against Respondent
The complaint, filed on September 22, 2012, alleged that the respondent committed abuse of authority, dishonesty, and conduct unbecoming of a court employee. Complainant reported incidents where Lomantas forced her to wake the minors for a case study and made intimidating statements regarding the case's outcome. These incidents reportedly occurred on April 30, 2012, and September 8, 2012, culminating in a physical altercation outside a church on Mary’s birthday where respondent allegedly used force to take Mary from complainant.
Response and Denial from Respondent
In her defense, the respondent refuted the allegations, asserting that her visits were aligned with private arrangements made with Aloha and that she merely expressed a legal opinion favoring Aloha’s custody wishes during the confrontation. Respondent claimed that her intentions were to mediate in a situation complicated by personal relationships, emphasizing that she had no conflicting interest in the custody case.
Investigative Findings
Following the complaint, the matter was referred to the Executive Judge of RTC Tagbilaran City for an investigation, where Judge Suceso A. Arcamo underscored the impropriety of the respondent’s intervention as the custody case had been archived. Although the complainant withdrew her interest in the case for peace, Judge Arcamo proceeded with the investigation, concluding that Lomantas displayed bias toward Aloha, demonstrated arrogance, and engaged in conduct unbecoming her position.
Recommendations from OCA
The Office of the Court Administrator (OCA) concurred with Judge Arcamo's findings, agreeing that there was no basis for the respondent to intervene in an archived case. The OCA cited evidence from witnesses and police records that supported the complainant’s assertions about the respondent's behaviors, including her attempt to assert her authority as a court employee. The OCA recommended that Lomantas be found guilty of simple misconduct and be suspended for one month without pay.
Judicial Ruling
The court affirmed the OCA’s recommendation, noting that the filing of a desistance affidavit by the complainant does not terminate the administrative proceedings since the court has a vested interest in maintaining discipline among its personnel. The ruling highlighted that employees of the judiciary must adhere to high ethical standards, as their conduct influences public trust. The court found that the respondent genuinely acted inappropriately by meddling in custody matters
...continue readingCase Syllabus (A.M. No. P-18-3842)
Case Overview
- This case involves a complaint filed by Constancia Benong-Linde against Feladelfa L. Lomantas, a Social Welfare Officer II, for alleged abuse of authority, dishonesty, and conduct unbecoming of a court employee.
- The case is related to SP Proc. No. 2853, which concerns the custody of minor children, Mary Arianne Sarzuelo and Alec Joriz Sarzuelo, pending before the Regional Trial Court (RTC) of Tagbilaran City, Bohol.
Factual Background
- Mary and Alec are the children of Constancia’s son, Archiles B. Linde, and Aloha Sarzuelo, who were born out of wedlock.
- After Archiles and Aloha separated, Constancia took custody of Mary and Alec, believing it was in the children's best interest to do so.
- Constancia filed a verified Petition for custody, but the RTC archived the case due to the failure to serve summons on Archiles, who was abroad.
Allegations Against the Respondent
- On April 30, 2012, at around 9:00 p.m., Feladelfa Lomantas visited Constancia’s home and attempted to force her to allow Mary and Alec to be taken for a case study, even though no court order had been given for such action.
- During this visit, Lomantas allegedly made a statement implying that the outcome of the case depended on her authority ("the tip of her ballpen").
- On September 8, 2012, Lomantas returned to Constancia's home in an attempt to forcibly take Mary and Alec, disrupting a planned birthday celebration for Mary.
- The situation