Case Summary (A.M. No. P-23-077 [Formerly OCA IPI No. 20-5026-P)
Allegations Against Respondent
The complainant accused the respondent of soliciting PHP 25,000.00 to expedite the release of a certificate of finality concerning a decision in his case for declaration of nullity of marriage. Divinagracia claimed that such corrupt practices were not isolated incidents, as he learned from other individuals encountering similar demands from the respondent. He further alleged that the respondent previously engaged in "under-the-table" arrangements during his prior employment at the Department of Public Works and Highways (DPWH).
Investigation Initiation
Following the complainant's allegations, the Office of the Court Administrator (OCA) referred the matter to Executive Judge Augustus L. Calo for discreet investigation. In response to a Notice to Explain from Judge Calo, the respondent denied the allegations, asserting that he did not control the release of the certificates, which was within the jurisdiction of the Branch Clerk of Court. He also refuted claims of nepotism and dishonesty linked to his past work with the DPWH.
Testimony from Atty. Alabat-Torralba
Atty. Joan B. Alabat-Torralba, the Branch Clerk of Court, provided commentary revealing serious concerns regarding the respondent's conduct. She reported that the respondent was removed from the responsibility of releasing certificates of finality after delaying a required document for another litigant who had not paid him. Further allegations were brought forward claiming that respondent facilitated expedited services in exchange for bribes, including specific instances where he solicited PHP 5,000.00 to assure speedy processing of decisions.
Evidence Collected During Investigation
Executive Judge Calo obtained confidential sworn statements from two individuals, referred to as Affiant 1 and Affiant 2, lending credence to the complainant's claims. Affiant 1 stated that the respondent had offered to expedite the processing of documents in exchange for money, while Affiant 2 corroborated similar experiences of being solicited for funds to hasten official procedures.
Findings of the Investigation
In a report dated June 26, 2020, Judge Calo found substantial evidence to support the claims of gross misconduct against the respondent. The matter was subsequently referred to the OCA, which underscored the requirement for the respondent to file a formal comment regarding the allegations. Despite being granted an extension to submit this comment, the respondent failed to comply.
Recommendations of Judicial Integrity Board (JIB)
In July 2021, the Judicial Integrity Board, led by Atty. James D.V. Navarrete and Atty. Eduardo C. Tolentino, recommended that the respondent be found guilty of gross misconduct. They substantiated their findings by underscoring the corroborative testimonies of Atty. Alabat-Torralba and the affidavits submitted by the private individuals, advocating for the respondent's dismissal from service with the forfeiture of all benefits.
Respondent's Response and Denial
The respondent maintained his innocence in various comments and submissions, contradicting the allegations of soliciting money for certi
...continue readingCase Syllabus (A.M. No. P-23-077 [Formerly OCA IPI No. 20-5026-P)
Background of the Case
- The case originates from a Letter-Complaint dated December 27, 2019, filed by a complainant using the pseudonym "Danilo D. Divinagracia" against Michael Vincent L. Ozon, a Clerk III at the Regional Trial Court (RTC), Branch 1, Butuan City.
- The complainant accused the respondent of gross misconduct and violating Republic Act No. 6713, which is the Code of Conduct and Ethical Standards for Public Officials and Employees.
- The allegations were centered around the respondent demanding PHP 25,000.00 in exchange for the release of a certificate of finality related to the complainant's case for declaration of nullity of marriage.
Allegations Against the Respondent
- The complainant asserted that the respondent requested a substantial sum of money for the release of necessary court documents.
- He indicated that upon discussing with others, he learned that multiple individuals had similar experiences with the respondent.
- Additional context was provided that the respondent previously held a position at the Department of Public Works and Highways (DPWH), where "under-the-table" dealings were reportedly common.
Investigative Proceedings
- The Office of the Court Administrator (OCA) referred the matter to Executive Judge Augustus L. Calo for investigation.
- The respondent received a Notice to Explain and submitted a handwritten explanation denying the allegations and asserting that he only prepared certificates, with the Branch Clerk of Court being responsible for their release.
- He als