Case Summary (A.M. No. 15-09-102-MTCC)

Incident Overview

The administrative matter originated from an altercation on February 25, 2015, between Security Officer Marlino G. Agbayani and Utility Worker I Marion M. Durban at the Municipal Trial Court in Cities, Iloilo City. Agbayani filed an Incident Report alleging that Durban confronted him aggressively while he was performing his duties related to a maintenance issue. The report detailed a series of confrontational exchanges, with Agbayani claiming that Durban shouted at him and threatened him in front of various individuals present at the scene.

• Incident occurred on February 25, 2015.
• Agbayani reported an altercation with Durban.
• Allegations included shouting and threats made by Durban.
• Incident witnessed by court personnel and others.

Investigation Initiation

Following the Incident Report, then Executive Judge Loida J. Diestro-Maputol directed Executive Judge Enrique Z. Trespeces to investigate the matter. Judge Trespeces requested comments from Durban and subsequently organized clarificatory hearings involving both parties and their witnesses to gather more information regarding the incident.

• Executive Judge Diestro-Maputol initiated an investigation.
• Judge Trespeces was assigned to conduct the inquiry.
• Clarificatory hearings were scheduled for both parties and witnesses.

Testimonies and Findings

During the hearings, various testimonies were presented. Agbayani reaffirmed his allegations, while Durban denied any wrongdoing, claiming he was merely engaging in casual conversation. Witnesses provided mixed accounts, with some supporting Agbayani's claims and others downplaying the incident as harmless banter. Ultimately, Judge Trespeces found Durban guilty of conduct prejudicial to the service.

• Agbayani maintained his allegations during hearings.
• Durban claimed he was not aggressive and was merely conversing.
• Witnesses had varying accounts of the incident.
• Judge Trespeces concluded Durban was guilty of misconduct.

Subsequent Developments

After the initial findings, the Office of the Court Administrator (OCA) requested further comments from Durban, who submitted affidavits from several witnesses, including Judge Artuz, who supported his claims of innocence. The OCA determined that the factual issues could not be resolved based solely on the submitted pleadings and referred the matter for further investigation.

• OCA requested additional comments from Durban.
• Affidavits submitted by Durban supported his defense.
• OCA found factual issues unresolved and referred for further investigation.

Clarificatory Hearing by New Executive Judge

New Executive Judge Gloria G. Madero conducted a clarificatory hearing in 2018, where she ultimately adopted Judge Trespeces' findings of guilt but recommended a lesser penalty of reprimand, citing familiarity and the context of the incident. She noted that witnesses had become accustomed to Durban's loud voice, which may have influenced their perceptions of the altercation.

• Executive Judge Madero held a clarificatory hearing in 2018.
• She adopted previous findings but recommended a reprimand.
• Witness familiarity with Durban's loud voice was considered.

OCA's Final Recommendations

The OCA reviewed the findings from both Executive Judges and concluded that the evidence did not sufficiently support the allegations against Durban. They recommended dismissing the charges of conduct prejudicial to the service and ...continue reading