Case Summary (G.R. No. 146367)
Factual Background
The spouses alleged a series of personal solicitations and improper exactions by respondent while he served as presiding judge in Trece Martires City and later in Naic, Cavite. They recounted that, beginning in about 1990, the judge invited Mrs. Nazareno into his chamber and stated that he needed money because he was nearing retirement. The spouses alleged several subsequent encounters in which the judge requested money and food. In 1992 Mrs. Nazareno averred that she delivered P10,000.00 to respondent at Roschelle Restaurant. In November 1992 the spouses brought food to a gathering at Seaside Beach pursuant to the judge’s request and handed respondent another P10,000.00. In December 1992 respondent allegedly asked Mrs. Nazareno to encash his salary check for P7,500.00; she testified that she gave cash in exchange but never received the check. The spouses also alleged that respondent sought to have Romeo Nazareno replaced as estate administrator and that respondent pressured them to change counsel. The Nazarenos charged that adverse rulings followed their refusal to comply with the judge’s personal demands.
Complaint and Respondent’s Response
The spouses filed a sworn complaint dated 28 February 1994 charging respondent with gross misconduct and acts unbecoming a judge. Respondent submitted a comment denying all allegations and maintaining that the charges were fabricated in retaliation for adverse rulings. The spouses affirmed the complaint by reply dated 24 May 1994.
Preliminary Action and Assignment of Investigating Justice
On 14 June 1994 the Office of the Court Administrator, noting the factual nature of the allegations, recommended that the matters be assigned to an Associate Justice of the Court of Appeals for a full investigation. The Supreme Court, on 27 July 1994, approved the recommendation and designated Associate Justice Conchita Carpio Morales to conduct the investigation and to submit a report and recommendation.
Evidence Presented at Investigation
At hearings before Justice Carpio Morales, Elisa Nazareno testified at length and affirmed the allegations, describing the two deliveries of P10,000.00, the provision of food on two occasions, and the encashment episode involving P7,500.00. Romeo Nazareno corroborated his wife’s testimony, confirmed at least four pending cases before respondent, and affirmed that the spouses had given a total of P20,000.00 and had furnished food as requested. Court employees Roldan Alcantara and Jose R. Salvadora, Jr. both corroborated occurrences involving the bringing of food to beach gatherings and Alcantara testified that he sometimes encashed respondent’s salary checks. A helper, Remedios Antipuesto, testified about preparing food taken at the judge’s request. Counsel Jacinto P. Dominguez testified that he informed respondent in counselled presence that the Nazarenos had made a complaint to Justice Secretary Drilon and specifically mentioned the alleged encashment and monetary payments. Opposing counsel Roman C. Cabading testified to having been shown by Atty. Dominguez the spouses’ letter to the Justice Secretary. Respondent denied receiving money or food and asserted that he never spoke with litigants outside the presence of counsel.
Findings of the Investigating Justice
Investigating Justice Conchita Carpio Morales found the Nazarenos’ allegations to be substantially proven. Justice Morales characterized Mrs. Nazareno’s testimony as convincing and undented by cross-examination and accepted that she had given P10,000.00 on two occasions and had furnished cash in connection with respondent’s salary check. The investigating justice also relied on the corroborative testimony of court employees and other witnesses to establish that food was brought to gatherings at respondent’s request. Justice Morales submitted a report and recommendation on 13 August 1996.
Supreme Court’s Analysis and Reasoning
After close study of the investigatory record, the Court found sufficient evidence to sustain the charges of gross dishonesty and
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Case Syllabus (G.R. No. 146367)
Parties and Procedural Posture
- SPOUSES ROMEO P. NAZARENO AND ELISA A. NAZARENO filed a sworn complaint dated 28 February 1994 charging Judge Enrique M. Almario with gross misconduct and acts unbecoming a judge.
- The complaint alleged repeated demands for money and food and other improper conduct by Judge Enrique M. Almario while presiding over cases involving the Nazarenos.
- The Office of the Court Administrator recommended assignment of the matter for a full blown investigation on 14 June 1994 because the issues raised were factual in nature.
- The Court approved the OCA recommendation on 27 July 1994 and designated Associate Justice Conchita Carpio Morales of the Court of Appeals to conduct the investigation and submit a report and recommendation.
- The investigating justice submitted a report dated 13 August 1996 that the Court adopted as part of the record.
- The case was resolved by this Court in A.M. No. RTJ-94-1195 by a per curiam decision dated February 26, 1997.
- The Court noted that Judge Enrique M. Almario had been compulsorily retired in July 1995, which affected the selection of a proper penalty.
Key Factual Allegations
- SPOUSES ROMEO P. NAZARENO AND ELISA A. NAZARENO alleged that Judge Enrique M. Almario told Mrs. Nazareno in mid-1990 that he was near retirement and needed money and that she should help him.
- The Nazarenos alleged that Mrs. Nazareno personally delivered P10,000.00 to Judge Enrique M. Almario on one occasion and that a total of P20,000.00 was given on two occasions.
- The Nazarenos alleged that they brought food to a gathering at Seaside Beach and later for a court staff Christmas party at Aroma Beach at the judge's request.
- The Nazarenos alleged that Judge Enrique M. Almario asked Mrs. Nazareno to encash his salary check for P7,500.00 and that he received the cash but did not give the check in exchange.
- The Nazarenos alleged that Judge Enrique M. Almario threatened or intimated that he would replace Romeo Nazareno as estate administrator and urged them to change counsel to someone more agreeable to him.
- The Nazarenos alleged that adverse rulings and alleged bias followed their refusal to accede to the judge's demands.
Investigation and Testimony
- Elisa Nazareno testified before the investigating justice and affirmed the allegations, including having given P10,000.00 on two occasions and delivering food on two occasions and having given cash for the P7,500.00 salary check.
- Romeo Nazareno testified that the spouses had at least four pending cases before the judge and corroborated Elisa Nazareno's testimony that they gave a total of P20,000.00 and provid