A.M. No. P-10-2837 - Gabriel vs. Ramos

Case Summary (A.M. No. P-10-2837)

Factual Background

Gabriel alleged that on 10 May 2007, at around 4:00 o’clock in the afternoon, in Barangay Calsapa, Municipality of San Teodoro, Oriental Mindoro, Ramos, together with several persons, allegedly acted in conspiracy with former Municipal Mayor Manuel Roxas Bae. Gabriel claimed that Ramos and his alleged co-conspirators entered the house of Ms. Adelaida Caeg Hael, and soon thereafter handed two (2) pieces of Five Hundred (P500.00) bills to Adelaida and Ariel Hael in exchange for their votes for Mayoralty Candidate Homer Roxas Alumisin and other candidates listed in the yellow pages. Gabriel further stated that the alleged vote-buying incident was reported to the San Teodoro Municipal Police Station, where Adelaida and Ariel executed sworn statements that were attached as Annexes “A” and “B.” Gabriel also noted that a case for alleged violation of Article 22, Section 261(a) of the Omnibus Election Code of the Philippines had been filed against Ramos and his co-conspirators, docketed as I.S. No. 07-12386, before the Prosecutor’s Office of Oriental Mindoro.

Ramos, in his comment, denied the accusations as “utterly false” and “malicious,” and alleged that the complaint was intended to intimidate him from prosecuting robbery cases and administrative charges against several policemen, including Gabriel, for allegedly openly campaigning for a certain candidate during the election period. Ramos admitted that on the date stated in the complaint, he was in Barangay Calsapa, San Teodoro, Oriental Mindoro, but asserted that he went there only to buy charcoal which he sold for profit. He also claimed that while he was able to talk with Ariel, their discussion had nothing to do with politics. Ramos further argued that he was not financially capable to buy two votes at P500.00 each. He maintained that as a government employee he could not campaign or participate in partisan politics. He added that buying votes several days before election was allegedly incongruous because voters could supposedly change their minds on election day.

OCA Report and Need for Investigation

The OCA framed the core issue as whether Ramos could be held liable for grave misconduct. The OCA noted that the parties’ versions conflicted on the material circumstances. It observed that the sworn affidavits of Adelaida and Ariel allegedly “categorically pointed to” Ramos and Manuel Bae as the persons who handed them a sample ballot and two (2) P500.00 bills, along with a statement attributed to Ramos and Bae that it was only what the addressees should vote for, including that Homer Alumisin was to be voted for mayor. The OCA also recognized Ramos’s contrary position that he was merely buying charcoal.

Because the conflicting accounts presented a factual issue that could not be resolved based only on the pleadings, the OCA recommended a formal investigation so the truth could be threshed out and so Ramos would be afforded the opportunity to face his accusers. The OCA accordingly recommended that the case be referred to the Executive Judge of the RTC, Pasig City, for investigation, report, and recommendation within sixty (60) days from receipt of the records. The Court took note of this recommendation and referred the matter to the Executive Judge.

Investigation by the Executive Judge

Upon referral, the OCA forwarded the records to Executive Judge Amelia C. Manalastas, RTC, Pasig City. In a report submitted on January 26, 2009, Judge Manalastas recommended the dismissal of the complaint for lack of evidence.

In her report, Judge Manalastas stated that on November 24, 2008, her office notified the parties for conference or hearing and directed them to submit sworn statements on December 8 and December 15, 2008, at 10:00 in the morning. She reported that on both dates, only Ramos and his counsel appeared. She noted that Ramos’s appearance was confirmed for those dates, while Ramos who was supposedly notified via LBC failed to appear; nevertheless, the report proceeded by reference to the hearings and submissions as reflected in the investigation record. She further narrated that Ramos vehemently denied all the charges against him during the investigation. Judge Manalastas also remarked that the filing of the administrative case appeared to be a leverage tactic, having stemmed from a case filed by Ramos against Gabriel for robbery.

Most importantly, Judge Manalastas concluded that Gabriel failed to establish the allegations of grave misconduct. She invoked the administrative principle that the burden of proof rests on the complainant in administrative proceedings, citing Gotgotao versus Millora, 459 SCRA 340. She found that there was no “hard evidence” supporting the complaint, aside from unconfirmed self-serving assertions. Accordingly, she recommended dismissal.

The Court’s Disposition

The Court adopted the recommendation and found that Gabriel failed to prove his complaint against Ramos. The Court thus DISMISSED the administrative complaint for lack of evidence, ordering the dismissal of the case against Sheriff IV William Jose R. Ramos, RTC, Branch 166, Pasig City.

Legal Basis and Reasoning

The Court’s ruling turned on the sufficiency of evidence. While the OCA had initially found that the factual conflict between the affidavits and Ramos’s den

Case Syllabus (A.M. No. P-10-2837)

The case involved an administrative complaint for Grave Misconduct filed before the Court through the Office of the Court Administrator (OCA).
The complainant was PO2 Patrick Mejia Gabriel, and the respondent was William Jose R. Ramos, Sheriff IV of the Regional Trial Court (RTC), Branch 166, Pasig City.
The Court treated the matter as one requiring formal fact-finding due to material factual contestations.

Parties and Procedural Posture

PO2 Patrick Mejia Gabriel filed the administrative complaint on July 13, 2007.
The OCA required Ramos to comment, and Ramos complied by filing his comment on September 6, 2007.
The OCA then submitted a report dated August 28, 2008 recommending referral for investigation.
The Court referred the case to the Executive Judge of RTC, Pasig City, and the records were forwarded to Executive Judge Amelia C. Manalastas.
Judge Manalastas conducted the investigation and, in a report dated January 26, 2009, recommended dismissal for lack of evidence.
The Court adopted the recommendation and dismissed the complaint for lack of evidence.

Key Factual Allegations

The complainant alleged that on 10 May 2007 at around 4:00 p.m., in Barangay Calsapa, Municipality of San Teodoro, Oriental Mindoro, Ramos, allegedly in conspiracy with former Municipal Mayor Manuel Roxas Bae, entered the house of Ms. Adelaida Caeg Hael.
The complainant claimed that soon thereafter, two (2) pieces of Five Hundred (P500.00) bills were handed to Adelaida and Ariel Hael to “vote for” Mayoralty Candidate Homer Roxas Alumisin and other candidates listed in the yellow pages.
The complainant asserted that the vote-buying incident was reported to the San Teodoro Municipal Police Station.
The complainant stated that Adelaida and Ariel executed sworn statements attached as Annexes “A” and “B”, respectively.
The complainant further alleged that a criminal case for Violation of Article 22, Section 261(a) of the Omnibus Election Code of the Philippines was filed against Ramos and alleged co-conspirators, docketed as I.S. No. 07-12386 before the Prosecutor’s Office of Oriental Mindoro, attached as Annex “C”.
The complainant maintained that these assertions supported liability for grave misconduct.

Respondent’s Defenses

Ramos denied the allegations as “utterly false” and “malicious,” and claimed the complaint aimed to intimidate him from pursuing cases, including administrative charges against policemen, and also from prosecuting a robbery case.
Ramos admitted that on the date stated, he was at Barangay Calsapa, San Teodoro, Oriental Mindoro to buy charcoal he sold for a profit to augment his income.
Ramos stated that he was with Manuel Roxas Bae and that he was able to talk with Ariel Caeg Hael, but asserted that the discussion had “nothing to do with politics.”
Ramos insisted that he was not financially capable to buy two votes at P500.00 each.
Ramos invoked his position as a government employee, asserting that he could not campaign or take part in partisan politics.
Ramos argued that buying votes several days before election was allegedly “incongruous” because voters could change their