Title
Re: Letter of Lucena Ofendoreyes Alleging Illicit Activities of Atty. Cajayon
Case
A.M. No. 16-12-03-CA, IPI No. 17-248-CA-J
Decision Date
Jun 6, 2017
Unverified complaints accused CA justice and lawyer of selling favorable decisions; Supreme Court dismissed due to lack of evidence, formal defects.

Case Summary (A.M. No. 16-12-03-CA, IPI No. 17-248-CA-J)

Factual Background

Sylvia Adante and Lucena Ofendoreyes separately submitted single-page letter-complaints to the Office of the Ombudsman accusing Atty. Dorothy Cajayon and Associate Justice Jane Aurora C. Lantion of engaging in a scheme of selling favorable Court of Appeals decisions in Cagayan de Oro City to the highest bidding clients. Adante stated that the alleged scheme was "intimated to [her]" after meeting Atty. Cajayon once. Ofendoreyes requested investigation and cessation of the purported partnership between Atty. Cajayon and Justice Lantion but supplied no affidavits, supporting documents, or particulars establishing personal knowledge.

Procedural History

The Ombudsman referred each letter-complaint to the Supreme Court in November 2016. The Court, by Resolution dated January 10, 2017, referred the matters to the Office of the Court Administrator for study. The OCA recommended consolidation in a Memorandum dated February 14, 2017. The Court approved consolidation by Minute Resolution on March 7, 2017, and thereafter considered whether the complaints warranted further action.

OCA Report and Recommendation

The Office of the Court Administrator recommended consolidation because the complaints involved the same respondents and identical allegations of selling decisions. The OCA observed that both letters were procedurally deficient: they were unverified and lacked affidavits of persons with personal knowledge as well as documentary support. The OCA reiterated that in administrative disciplinary proceedings the complainant bears the burden of proof and that, absent evidence showing a respondent's misconduct, the presumption that a public officer regularly performed duties prevails.

Issues Presented

The sole issue presented to the Court was whether Atty. Dorothy Cajayon and Associate Justice Jane Aurora C. Lantion should be held administratively liable for the alleged sale of favorable decisions.

Legal Standards Applied

The Court recited the formal requisites for instituting disciplinary proceedings. For lawyers, Section 1, Rule 139-B, Rules of Court requires a verified complaint supported by affidavits of persons with personal knowledge and/or documents to substantiate the facts. For judges and Justices, Section 1, Rule 140, Rules of Court, as amended by A.M. No. 01-8-10-SC, requires a verified complaint supported by affidavits of persons with personal knowledge or by documents which may substantiate the allegations, subject to the provision allowing anonymous complaints supported by public records of indubitable integrity. Section 2, Rule 140 directs dismissal if a complaint is not sufficient in form and substance.

The Parties' Contentions

The complainants alleged that Atty. Cajayon and Justice Lantion collaborated to sell decisions. The complaints, however, offered only bare allegations and hearsay. Adante expressly acknowledged that the information had been "intimated to [her]." Ofendoreyes asked the Court to investigate without detailing sources, dates, transactions, or persons with direct knowledge. No affidavits or documentary evidence accompanied either letter.

Court's Analysis and Reasoning

The Court emphasized the mandatory nature of the Rules of Court formalities in administrative discipline against lawyers and judges. It found both letter-complaints deficient because they were unverified and lacked supporting affidavits and documents. The Court reiterated settled jurisprudence that complainants in administrative proceedings bear the burden of proving allegations by substantial evidence and that hearsay alone does not satisfy that burden. The Court noted precedent that hearsay must be corroborated by non-hearsay evidence to meet substantial evidence standards, citing Re: Verified Complaint dated July 13, 2015 of Umali, Jr. v. Hernandez, IPI No. 15-35-SB-J, February 23, 2016, 784 SCRA 483, 492. The Court further observed that in the absence of competent evidence derived from direct knowledge, respondents accused of grave offenses are entitled to the presumption that they regularly performed their duties, citing The Law Firm of Chavez Miranda Aseoche v. Dicdican, 600 Phil. 65 (2009) and related authorities, including Bruselas, Jr. v. Mallari, A.C. No. 9683, IPI No. 17-250-CA-J, IPI No. 17-251-CA-J, et al., February 21, 2017.

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