Case Summary (A.M. No. P-21-027)
Factual Background
On July 6, 2017, court stenographer Nenita Paderes informed Judge Santiago-Avila that Eddie Cantoja was falsely presenting himself as the judge's driver and was extorting money from litigants. Shirley Chan, a complainant with a daughter, Christine Madison Chan, facing a bail petition, revealed that Cantoja claimed he could expedite the bail process in collaboration with Narisma, referred to as "Jun." Despite Judge Santiago-Avila clarifying that judicial hearings were ongoing and no decision had been made, Narisma allegedly sought funds from Shirley for a favored outcome.
Extortion Scheme Uncovered
Shirley Chan revealed that Narisma had threatened her not to enter the courtroom, emphasizing reliance on Cantoja’s assistance, who demanded PHP 200,000 for a favorable resolution regarding Christine's bail. This culminated in a planned entrapment operation by the National Bureau of Investigation (NBI) on July 12, 2017, resulting in Cantoja's arrest when he accepted the marked money, revealing a connection to Narisma through text messages. Criminal charges for robbery and violation of the Code of Conduct for Public Officials were subsequently filed against both individuals.
Administrative Proceedings
Following the allegations, Judge Santiago-Avila issued a memorandum relieving Narisma of his duties pending investigation. Narisma denied the accusations against him, claiming he lacked influence over court proceedings, yet was seeking a quick resolution due to his salary being suspended. The case was then referred to the Executive Judge of RTC Polomolok for investigation, which led to findings of substantial evidence linking Narisma to extortion activities and his abuse of office.
Findings of the Judicial Integrity Board
The Judicial Integrity Board (JIB) confirmed the findings from the investigation, noting the established evidence of Narisma's collusion with Cantoja to extort money from Shirley. It emphasized that the act of soliciting money for the issuance of a favorable court resolution constitutes grave misconduct, regardless of Narisma's role in influencing judicial decisions. The JIB highlighted several violations of the Code of Conduct for Court Personnel as well.
Conclusion on Administrative Liability
The Court affirmed that despite Narisma's previous unblemished service of 25 years, his actions constituted grave misconduct under the Code of Conduct, justifying administrative penalties. The case's relevance remained
...continue readingCase Syllabus (A.M. No. P-21-027)
Introduction
- This case involves an administrative complaint filed by Judge Lorna B. Santiago-Avila against Juanito B. Narisma, Jr., a Process Server at the Regional Trial Court (RTC) of General Santos City, South Cotabato.
- The complaint arises from allegations of grave misconduct concerning extortion activities tied to a pending bail petition.
Background of the Case
- On July 6, 2017, Court Stenographer Nenita Paderes reported to Judge Santiago-Avila that Eddie Cantoja was impersonating her driver and extorting money from court litigants, with the assistance of an insider.
- Shirley Chan, whose daughter Christine had a pending bail petition, became a victim of the alleged extortion scheme.
- Initially hesitant, Paderes eventually identified Narisma as the court insider involved in the extortion.
Sequence of Events
- Shirley Chan met with Judge Santiago-Avila and revealed that Cantoja had introduced himself as the Judge's driver and bodyguard, claiming he could help with Christine's bail petition through Narisma's assistance.
- Narisma had previously approached Judge Santiago-Avila about expediting Christine's release but was informed that the hearings were still ongoing.
- Cantoja later demanded PHP 200,000 in exchange for a favorable resolution regarding Christine’s bail.
Investigation and Findings
- Judge Santiago-Avila, alarmed by Shirley's claims, involved the National Bureau of Investigation (NBI) to set up an entrapment operation against Cantoja.
- Cantoja was arrested on July 12, 2017, during the operation, and his phone reveal