Title
Tuldague vs. Pardo
Case
A.M. No. RTJ-05-1962, 05-2243-P, 05-10-661-RTC
Decision Date
Oct 17, 2013
Judge Pardo faced corruption and misconduct allegations, dismissed for lack of evidence, but fined for drinking with a litigant. Calpatura’s corruption charges were also dismissed. Judicial audit revealed delays, later resolved.
A

Case Summary (A.C. No. 5379)

Allegations Against Judge Pardo

The allegations against Judge Pardo include claims of demanding and receiving money in exchange for favorable judicial actions. Notable allegations involve:

  1. Criminal Case No. 1427 - Judge Pardo allegedly received P6,000 from Rosendo Discipulo for a favorable decision on a probation application.
  2. Land Registration Case No. 223-2002 - It was claimed that Judge Pardo collected P1,000 for expedited service.
  3. Criminal Case No. 1581 - Allegation of demanding a deer from the accused Johny Kimayong for a favorable ruling.
  4. Additional accusations include receiving money from Richard Calpito and goods such as a cow from Michael Garingan, purportedly for endorsing their candidacies for court positions.
  5. He was also accused of directing an RTC employee to illegally take court property (specifically, two cans of paint) for personal use.

Judge Pardo's Defense

In his defense, Judge Pardo vehemently denied all allegations presented by Tuldague and Balajo. He stated that Rosendo's claims were false, presenting witnesses—including Fr. Lazo—who testified that no money was exchanged during his interactions with Rosendo. Pardo also claimed that the accusations stemmed from a personal vendetta because he had implemented strict protocols regarding court procedures and management, which displeased Tuldague.

Allegations Against Jaime Calpatura

Calpatura was accused of acting as a fixer and bagman for Judge Pardo by soliciting bribes from litigants:

  1. Criminal Case Involvement - Allegations asserted that Calpatura solicited P10,000 to ensure a favorable court ruling on a probation application.
  2. Testimonies from various witnesses, such as Alberto Gorospe and Juanito Pascua, involved claims of Calpatura expecting goats or money for Judge Pardo’s birthday or for expediting cases.

Calpatura's Defense

Calpatura denied any wrongdoing and claimed he was not involved in corrupt practices. He asserted that the allegations were fabricated, emphasizing that witnesses who testified against him lacked credibility or direct knowledge of the accused events.

Judicial Audit Findings

A judicial audit conducted in August 2005 revealed significant case backlog and management issues in the RTC. Reports indicated 44 cases were unresolved or inactive for extensive periods, and certain cases had exceeded the legally mandated deadlines for resolutions. The audit findings contributed to the identification of systemic problems in Judge Pardo's conduct and case management.

Recommendations by the Office of the Court Administrator (OCA)

The OCA ultimately found Judge Pardo liable for violating the New Code of Judicial Conduct, specifically for having a conduct perceived as improper due to his relationship with a litigant who was currently before him in a pending matter. The OCA recommended that while allegations of corruption and other serious offenses should be dismissed due to insufficient evidence, Judge Pardo be fined P20,000 for his inappropriate actions.

Court's Final Ruling

The court found that the evidence presented by complainants Tuldague and Balajo was circumstantial and insufficient to conclusively prove corruption and other grave misconduct claims against Judge Pardo and Calpatura. However, it ruled Judge Pardo was guilty of gross misconduct given the a

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