Magtolis v. Salud

10/15/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 469
426 SUPREME COURT REPORTS ANNOTATED

Francel Realty Corporation vs. Sycip
*
A.M. No. CA0520P. September 9, 2005.
(Formerly OCA I.P.I. No. 0581CAP)
ASSOCIATE JUSTICE DELILAH VIDALLON

MAGTOLIS, COURT OF APPEALS, complainant, vs.
CIELITO M. SALUD, CLERK IV, COURT OF APPEALS,
respondent.
Administrative Law; Quantum of Proof; Substantial

Evidence; In administrative proceedings, the quantum of proof
required to establish malfeasance is not proof beyond reasonable
doubt but substantial evidence, i.e., that amount of relevant
evidence that a reasonable mind might accept as adequate to
support a conclusion, is re
_______________
* EN BANC.
440
VidallonMagtolis vs. Salud
quired.The complainant in administrative proceedings has the

burden of proving the allegations in the complaint by substantial
evidence. If a court employee is to be disciplined for a grave
offense, the evidence against him must be competent and derived
from direct knowledge; as such, charges based on mere suspicion
and speculation cannot be given credence. Thus, if the
complainant fails to substantiate a claim of corruption and
bribery, relying on mere conjectures and suppositions, the
http://www.central.com.ph/sfsreader/session/0000015f1de090ef264f75bf003600fb002c009e/t/?o=False 1/34
administrative complaint must be dismissed for lack of merit.

However, in administrative proceedings, the quantum of proof
required to establish malfeasance is not proof beyond reasonable
doubt but substantial evidence, i.e., that amount of relevant
evidence that a reasonable mind might accept as adequate to
support a conclusion, is required. The findings of investigating
magistrates on the credibility of witnesses are given great weight
by reason of their unmatched opportunity to see the deportment
of the witnesses as they testified.
Evidence; Rules on Electronic Evidence; Electronic
Communication as Evidence; Text messages have been classified
as ephemeral electronic communication under Section 1 (k), Rule
2 of the Rules on Electronic Evidence, and shall be proven by the
testimony of a person who was a party to the same or has personal
knowledge thereof. The respondents claim that the admission
of the text messages as evidence against him constitutes a
violation of his right to privacy is unavailing. Text messages have
been classified as ephemeral electronic communication under
Section 1(k), Rule 2 of the Rules on Electronic Evidence, and
shall be proven by the testimony of a person who was a party to
the same or has personal knowledge thereof. Any question as to
the admissibility of such messages is now moot and academic, as
the respondent himself, as well as his counsel, already admitted
that he was the sender of the first three messages on Atty.
Madarangs cell phone.
Same; Judges; Trial; Testimonial Evidence; The investigating
judge is in a better position to pass judgment on the credibility of
the witnesses, having personally heard them when they testified,
and observed their deportment and manner of testifying.The
Investigating Officer also found that the respondent was high
strung during his testimony, and this finding must be accorded
respect. Indeed, when the issue is the credibility of witnesses, the
function of evaluating it is primarily lodged in the investigating
judge. The rule which
441
VOL. 469, SEPTEMBER 9, 2005 441
concedes due respect, and even finality, to the assessment of the

credibility of witnesses by trial judges in civil and criminal cases
where preponderance of evidence and proof beyond reasonable
doubt, respectively, are required, applies a fortiori in
administrative cases where the quantum of proof required is only

substantial evidence. The investigating judge is in a better
position to pass judgment on the credibility of witnesses, having
personally heard them when they testified, and observed their
deportment and manner of testifying.
Administrative Law; Courts; Court Personnel; The conduct
and behavior required of every court personnel, from the presiding
judge to the lowliest clerk, must always be beyond reproach and
circumscribed with the heavy burden of responsibility.The Court
is looked upon by people with high respect, a sacred place where
litigants are heard, rights and conflicts settled and justice
solemnly dispensed with. Misbehavior within or around the
vicinity diminishes its sanctity and dignity. The conduct and
behavior required of every court personnel, from the presiding
judge to the lowliest clerk, must always be beyond reproach and
circumscribed with the heavy burden of responsibility. Their
conduct must, at all times, be characterized by, among other
things, propriety and decorum so as to earn and keep the publics
respect and confidence in the judicial service. Public service
requires the utmost integrity and strictest discipline. Thus, a
public servant must exhibit at all times the highest sense of
honesty and integrity not only in the performance of his official
duties but in his personal and private dealings with other people.
Same; Same; Same; Administrative Offenses; Gross
Misconduct; Misconduct is a transgression of some established and
definite rule of action, a forbidden act, a dereliction from duty,
unlawful behavior, willful in character, improper or wrong
behavior, while gross has been defined as out of all measure;
beyond allowance; flagrant; shameful; such conduct as is not to be
excused.While there is no direct evidence to suggest that he
actually extorted money to facilitate the issuance of the appeal
bond and release order which he himself served, the surrounding
circumstances, as well as the inconsistencies in his testimony,
point towards administrative culpability. The respondents
actuations fall short of the standard required of a public servant.
He is guilty of gross or grave misconduct. Misconduct is a
transgression of some established and definite rule of action, a
forbidden act, a dereliction from duty,
442
unlawful behavior, willful in character, improper or wrong

behavior, while gross, has been defined as out of all measure;
beyond allowance; flagrant; shameful; such conduct as is not to be
excused. Under the Omnibus Civil Service Rules and Regulations,
grave misconduct is punishable by dismissal from the service even
for the first offense, as it is classified as a grave offense. However,
considering that the respondent has not been previously charged
nor administratively sanctioned, the Court finds that a penalty of
suspension for one year and six months will serve the purpose of
disciplining the respondent.
ADMINISTRATIVE MATTER in the Supreme Court.

Inefficiency and Incompetence in the Performance of
Official Duties; Conduct Grossly Prejudicial to the Best
Interest of the Service; and Directly or Indirectly Having
Financial and Material Interest in an Official Transaction,
Under Section 22, Paragraph (p), (t) and (u), Rule XIV of
the Omnibus Rules Implementing the Civil Service Law.
The facts are stated in the opinion of the Court.
Wilfredo Ike P. Rosero, Jr. for respondent.
CALLEJO, SR., J.:
Cielito Salud, Clerk IV, Mailing Section of the Judicial

Records Division, Court of Appeals (CA) stands charged
with the following offenses:
1. Inefficiency and incompetence in the performance of

official duties;
2. Conduct grossly prejudicial to the best interest of the
service; and
3. Directly or indirectly having financial and material
interest in an official transaction, under Section 22,
paragraphs (p), (t) and (u), Rule XIV of the Omnibus Rules
1
Implementing the Civil Service Law.
_______________
1 Rollo, p. 2.
443
VOL. 469, SEPTEMBER 9, 2005 443

The Facts
Melchor Lagua was found guilty of homicide in Criminal

Case Nos. 118032H and 118033H 2before the Regional
Trial Court of Pasig City, Branch 163. On appeal, the case
was assigned to the Sixth Division of the Court of Appeals,
docketed as CAG.R. CR No. 27423. Lagua, who was then
detained at the Bureau of Prisons National Penitentiary in
Muntinlupa City, filed a Very Urgent Petition for Bail.
Finding the petition welltaken, the appellate court issued
a Resolution on October 9, 2003, directing him to post a
P200,000.00 bond. 3
Laguas bond was approved in a Resolution dated
November 6, 2003, where the appellate court also directed
the issuance of an order of release in favor of Lagua. The
resolution was then brought to the Office of the Division
Clerk of Court, Atty. Maria Isabel M. Pattugalan
Madarang, for promulgation.
Irma Del Rosario, Utility Worker, noticed the
respondents unusual interest in the Lagua case. The
respondent had apparently been making inquiries whether
the appellate court had already directed the issuance of an
order of release in the said case and was initially told there
was none yet. Due to his4 persistence, the records of the case
were eventually found. Atty. Madarang then 5
directed the
typing of the Order of Release Upon Bond, and to notify
the mailing section
6
that there were orders requiring
personal service. At around 4:00 p.m., the respondent then
went to Atty. Madarangs office and assisted in arranging
and stapling the papers for release. He brought the said
resolutions
7
and other papers himself to the Mailing
Section.
_______________
2 Id., at p. 14.
3 Id., at p. 13.
4 Exhibit C, Rollo, pp. 3435.
5 Rollo, p. 14.
6 Exhibit B, Rollo, pp. 2629.
7 Exhibit C, Id., at pp. 3435.
444

On November 7, 2003, the respondent went to the National

Penitentiary to serve the resolution and order of release in
the Lagua case. The 8

respondent left the prison compound
at around 2:30 p.m.
In the meantime, Atty. Madarang received a telephone
call from a certain Melissa Melchor, who introduced herself
as Laguas relative. It was about 2:00 p.m. The caller asked
her how much more they had to give to facilitate Laguas
provisional liberty. The caller also told Atty. Madarang
that they had sought the help of a certain Rhodora Valdez
of the Regional Trial Court (RTC) of Pasig, where the
criminal case originated, but were told that they still had a
balance to be given to Justice Magtolis and Atty. Madarang
through the respondent. Atty. Madarang then called the
said court and asked to speak to Ms. Valdez, pretending to
be Laguas relative.
What transpired thereafter is contained in Atty.
Madarangs Affidavit dated December 8, 2003, as follows:
4. That upon telephone queries made with the office of the

Clerk of Court of RTC Pasig, I learned that Rhodora
Valdez is the incumbent Process Server of RTC, [Branch]
163, Pasig City, from which the original case against
accusedappellant Lagua originated. Disguising myself as
accusedappellant Laguas relative, I dialed [Branch] 163,
RTC, Pasig (6314273) but Rhodora Valdez did not report
for work that day, according to Baby (also known as
Ester), her officemate (who) answered my call. She added
that Rhodora Valdez has been waiting for us (Laguas
relatives) to call. Her exact words were these: Wala si
Rhodora. Meron lang siyang nilakad. Pero kahapon pa nya
hinihintay ang tawag nyo. May kulang pa kayo eh.
Kailangan kasing ien banc sa Court of Appeals ang kaso
ni Lagua.
5. That I coordinated with Ms. Cecil Secarro, the Acting
Chief of the Mailing Section, to inquire if it was
usual/normal for her to text her process servers on the
field for an update of their deliveries, to which she
answered in the affirmative. While she was in the
_______________
8 Exhibit 7.
445
VOL. 469, SEPTEMBER 9, 2005 445

office, she texted Salud for his whereabouts and he replied,

that he was on his way back to Quezon City. That was before 4
p.m., adding that his deliveries were ok.
6. That I got Saluds mobile phone number from Ms. Secarro

and started texting him at about the same time Ms.
Secarro did. I represented myself as Arlyn, Laguas
relative. Most of his text messages are still stored in my
mobile phone. In fact, I received one text message from
him while I was at the office of Justice Magtolis, (the
Chairman of the 6th Division and the ponente of C.R. No.
27423) in the late afternoon of November 7, 2003 while
reporting to her this incident. Those stored in my phone
are the following:
1. bkit, C rhodora to. 639204439082.Nov. 2003, 15:36:15

2. CNO KAMAGANAK AT ANONG PANGALAN MO
639204439082, 7 Nov 2003 16:14:47
3. SINO K KC NAGHIWALAY N KAMI639204439082, 7
Nov 2003 16:40:21
4. TAWAG K S AKIN6392044390827 Nov 2003 17:18:47
5. NARELEASE N C MR. LAGUA. NAGKITA N B KAYO
6392044390827 Nov 2003 19:44:52
6. Magkano b ang binigay nyo sa middle nyo. Puede bang
malaman6391844701117 Nov 2003 20:32:05
7. Gud evening. May gusto lng akong malaman. Sana alang
makaalam kahit cino. Lito6391844701117 Nov. 2003
19:54:20
8. Cno ang kausap n Rhodora. Pwede bang malaman
6391844701117 Nov 2003 20:37:57
9. May landline ka. Tawagan kta bukas nang umaga
6391844701117 Nov 2003 20:56:31
10. Wag s Court of Appeal. Txt na lang kta kung saan.
6391844701117 Nov 2003 20:52:58
11. Gusto mo bukas nang umaga magkita tyo. 639184470111
7 Nov 2003 20:57:10
12. D ba pwede bukas tyo kita. May gusto lang ako malaman
639184470111 7 Nov 2003 21:02:41
446

13. D 2ngkol kay rhodora duon sa kasama ko kaninang

lalakeng pinsan6391844701117 Nov 2003, 21:04:28
Ala po ako sa Lunes sa opis. Sa hapon po puede kyo

14. 639184470111, 7 Nov 2003 21:07:23
15. Kay Melchor Lagua 6391844701117 Nov 2003 21:08:19

16. Kasama ko cya kanina nang lumabas6391844701117
Nov. 2003 21:13:05
17. Ano m ba Melchor Lagua6391844701117 Nov 2003
21:15:52
18. Between 5 and 5:30 ng hapon. Bkit. 6391844701117
Nov. 2003 21:54:24
19. 3 PM PUWEDE KB639004039082 10 Nov 2003 12:09:32
20. Kilala mo b c rhodora. Nagkita na b kayo. Ala naman
problema sa kanya. Ok naman 6391844701117 Nov
2003, 21:57:13
21. MAGKITA N LANG TAYO63920443908210 Nov.
2003, 12:20:16
22. A, OK, NAGKITA N B KAYO NG KAMAGANAK MO
63920443908210 Nov 2003 15:12:14
23. D TALAGA AKO DARATING DAHIL WALA AKONG
KAILANGAN S IYO.63920443908210 Nov 2003
18:36:03
7. That Salud called me up in the morning of November 8,

2003 at around 7:33 but I purposely did not answer him.
Why did he need to call me up?
8. That I personally called up the Bureau of Prisons for the
exact time the Order of Release was delivered and when
accused appellant Lagua was released. I learned that the
Order of Release was received at 9:15 A.M. and that
Lagua was released between 55:30 P.M. of November 7,
2003.
9. That I was able to talk to Rhodora Valdez the following
Monday, November 10, 2003. Again, I introduced myself
as Laguas relative, Arlyn and told her I only wanted to
know how much more we had to pay for Laguas release.
She refused to entertain me because according to her,
Hindi ikaw ang kausap ko. Duda ako sa yo.
447
VOL. 469, SEPTEMBER 9, 2005 447

Kung gusto mo, puntahan mo ako dito bukas, para magkita

tayo. Pero lumabas na si Lagua. Itinawag sa akin ni Lito Salud.
Then, she [hung] up.
That on Tuesday, November 11, 2003, I brought Salud,

10. accompanied by Ms. Secarro to Justice Magtolis. Out of
the confrontation, we discovered that Salud did not
properly serve the copies of the Resolution and Order of
Release upon the accusedappellant and his counsel, Atty.
Salvador C. Quimpo of the Quimpo DingayanQuimpo and
Associates. He gave them to a certain Art, allegedly
Laguas relative who he claimed approached him at the
Bureau of Prisons in the morning of November 7, 2003. He
told Justice Magtolis that he gave these documents to Art,
who promised to take care of them, even before he could
deliver the copy addressed to the Director of Prisons. He
never mentioned that this Art was connected with the
office of accusedappellants counsel. Because of this
information from Salud himself, I did not sign the
Certificate of Service, Annex C.
11. That several days later, Salud accompanied by Ms.
Secarro, came to my office to apologize. But before he
could even say a word, he broke down in [wails]. In
between his loud cries, he uttered, Boss, patawad po,
9
alangalang sa aking mga anak.
On November 11, 2003, Justice Magtolis called the

respondent to her office. When confronted, the respondent
denied extorting or receiving money for Laguas release, or
in any other case. He, however, admitted serving the copies
of resolution and order of release
10
intended for Lagua and
his counsel to Art Baluran. Justice Magtolis then called
the respondent to a meeting with Clerk of Court Atty.
Tessie L. Gatmaitan, who stated that she would transfer
the respondent to another office which has nothing to do
with cases.
Justice Magtolis lodged the complaint against the
respondent in a Letter dated November 14, 2003,
containing, among others, the following allegations:
_______________
9 Rollo, pp. 2729.

10 Exhibits B and 7.
448

The delivery of resolutions/orders to unauthorized persons and

complete strangers who promised to take care thereof (siya na
raw ang bahala) constitutes not only neglect of duty but also
conduct prejudicial to the best interest of the service. Staying for
the whole day within the vicinity of the National Bilibid Prisons
to the point of failing to fulfill his other duties for the day
constitutes inefficiency and incompetence in the performance of
official duties. On the other hand, the use of my name and that of
our Division Clerk of Court to illegally solicit financial or material
benefit from parties with pending cases before this Court is illegal
per se.
In view of the foregoing, it is respectfully requested that Cielito
Salud be subjected to an administrative investigation and
11
disciplinary action.
Attached to the complaint were the following documents to

support the charges:
ANNEX ARecord of the cases received by Salud on November

6, 2003 for delivery/service the following day, November 7, 2003.
Please note that in each of the 3 cases assigned to him, there are
several parties/counsels to be served.
ANNEX BCertificate of Service signed by Salud, attested
by the Acting Chief of the Mailing Section and Division Clerk of
Court Ma. Ramona L. Ledesma, showing that the parties/counsel
in SP67586 were served only on November 10, 2003 (not on
November 7, 2003).
ANNEX CCertificate of Service for CR27423, and
corresponding Delivery Receipts.
C1Delivery Receipts for Defense Counsel Salvador Quimpo signed by

someone whose signature was identified by Salud [as] Arta cousin of
appellant Melchor Lagua.
C2Delivery Receipt for the accusedappellant, received by the
same Art and not served thru the Director of Prisons.
C3Delivery Receipt for the OSG, showing that it was
delivered/received by the said office on November 10, 2003, not on
November 7, 2003.
_______________
11 Rollo, p. 3.
449
VOL. 469, SEPTEMBER 9, 2005 449

C4Delivery Receipt for the Director of Prisons showing receipt on

November 7, 2003.
ANNEX DRecord of Resolutions in 3 other cases (SP80241,

SP65404 and SP77957) received for service by Salud on
November 10, 2003. The resolutions/processes in these 3 cases
were delivered/served to the parties/counsel on November 10,
2003 together with undelivered resolutions left
unserved/undelivered on November 7, 2003.
ANNEX ECertification signed by Salud showing service to
parties/counsel in SP65404 (received by Salud on November 10,
2003) on November 10, 2003 (same date)
ANNEX F, F1 & F2Delivery Receipts for
parties/counsel in SP65404, showing service/delivery on
November 10, 2003in contrast to his minimal delivery/services
on November 7, 2003 only in Muntinlupa.
ANNEX GCopy of the resolution dated November 6, 2003 of
the 6th Division approving the appellants bond and directing the
issuance of an order of release.
ANNEX HCopy of the Order of Release upon Bond, which
Salud was supposed to deliver, among others on November 7,
12
2003 to the defense counsel, the appellant and the OSG.
13
In his counteraffidavit, the respondent vehemently
denied the charges. He never demanded money from
Laguas relative; his name had been used by someone and
was, thus, a mere victim of the circumstances. Moreover,
the fact that he immediately released the CA order in
question was clear proof that he had no financial interest
in the transaction. His version of the events that occurred
that day is as follows:
4.1 That on November 6, 2003 at around 1:38 p.m. the Acting

Chief of the Mailing Section gave me an assignment to deliver
the Writ of Habeas Corpus (hearing on November 26, 2003 at
RTC, Zamboanga) for CAG.R. SP No. 80238 for delivery to
NBI, PAO, Quezon City, Muntinlupa;
_______________
12 Rollo, pp. 34.

13 Id., at pp. 1924.
450

4.2 That I delivered a copy of the Writ of Habeas

Corpus to [the National] Bureau of Investigation
(NBI);
That while I was at the NBI, I received a text

4.3 message from my boss, requesting me to return to
the office immediately because there is another
notice of resolution coming from Atty. Ledesma
which I have to serve to Quezon City and Las
Pias;
4.4 In compliance with the request, I returned to the
Office and arrived at around 3:15 p.m.;
4.5 That when I received the resolution, I read the
same and found out that the hearing is still
scheduled on December 10, 2003 at 10:30 a.m.;
4.6 That when I was about to leave to deliver the Writ
of Habeas Corpus and the Notice of Hearing to the
PAO, Quezon City, my officemate Jun Vicencio told
me to wait because Irma, the staff of Atty.
Madarang requested me to standby because I need
to deliver the Order of Release to the New Bilibid
Prison, Muntinlupa;
4.7 That because of the request I waited until 4:00
p.m.;
4.8 That because its already late, I decided to go to
Atty. Madarangs office to inquire about the Order
of Release which I need to deliver to the New
Bilibid Prison, Muntinlupa;
4.9 That Atty. Madarang told me to wait a little while
because the order is about to be finished. So I
waited.
4.10 That Atty. Madarang gave to me the Order of
Release at 4:15 p.m.
4.11 That because I am aware that I may not reach [the]
New Bilibid Prison on time, I told Atty. Madarang
that I can deliver it on November 7, 2003, early in
the morning. She agreed and told me THANK
YOU Ikaw na ang bahala;
4.12 That I informed my boss about the Order of Release
that was assigned to me and she had it listed in our
logbook. I asked my boss [Cecil Secarro] if I can
deliver the Notice of Hearing for SP 67586 and the
others on Monday if I cannot finish delivering them
on November 7, 2003. She agreed but told me to be
sure that the Order of Release will be served first
and the others be served not later than Monday,
November 10, 2003. Thereafter, I went home.
4.13 That on November 7, 2003, I went straight to [the]
New Bilibid Prison and arrived there before 8:00
[a.m.] Unfortunately, all the staff wearing white
uniforms and the security guards were fal
451
VOL. 469, SEPTEMBER 9, 2005 451

ling in line in front of the building of the New

Bilibid Prison. So I could not enter the
administration office.
4.14 That while I was standing in front of the building
where the administrative office is located, a certain
ART approached me and asked me if I am the
personnel of the Court of Appeals who will deliver
the Order of Release.
4.15 That I said yes, and he told me his name and said
that he is a relative of MELCHOR LAGUA
(prisoner) and is connected with the office of Atty.
[Quimpo].
4.16 That at around 9:30 [a.m.] I was able to enter the
administrative offices but because there was no
staff insideI went to the documentation office.
The staff in the documentation office told me to
submit the Order of Release to the administrative
office. He said that they will prepare the documents
of MELCHOR LAGUA (prisoner) but also told me
that the prisoner might be released on Monday yet
because the signatories are busy attending the
ongoing 98 anniversary celebration;
4.17 That I returned to the administrative office and
was able to find Mr. JUANITO TORRES,
Administrative Officer III, who received the copy
for the Director but refused to receive the copy of
Mr. LAGUA. He told me to wait for his staff to
receive the copy of Mr. LAGUA;
4.18 That because the staff were not around, I went to
the canteen to buy softdrinks to quench my thirst;
4.19 That Mr. ART followed me in the canteen and told
me to assist in the release of Mr. LAGUA because
there were no personnel attending to the Order of
Release;
4.20 That since my boss told me to insure the release of
the prisoner, I waited for any staff to arrive who
will attend to the matter;
4.21 That I delivered the copy of Mr. LAGUA to the
staff. But ART told them he can receive the copy of
Mr. LAGUA because he is his relative so, the staff

told me to give the copy to ART.
4.22 That I gave the copy of the Order of Release for the
accused to ART. ART also told me that he is
authorized to receive the copy for Atty. Quimpo
because he is also the representative of the law
office. Hence, I also gave the copy for Atty. Quimpo
to ART;
452

4.23 That I was able to finish my duty at the New

Bilibid Prison at around 2:30 [p.m.] and I proceeded
to Purok I, 6A Bayanan, Muntinlupa to serve the
Writ of Habeas Corpus in CAG.R. SP No. 80238;
4.24 That because of [sic] the address of the addressee
was incomplete, I found a hard time locating the
address of the addressee and when I found Purok I,
6A, the persons thereat do not know JOEL DE LA
PAZ. I asked for their help but nobody in the place
knew JOEL DE LA PAZ;
4.25 That I left Muntinlupa late in the afternoon and
due to the lack of time I decided to deliver the other
documents on the next working day which is
Monday, November 10, 2003;
4.26 That I delivered the other documents on Monday,
November 10, 2003, without any problem;
4.27 That I was surprised when Atty. Madarang later on
accused me that I used her name and the name of
Justice Magtolis 14to demand money from Mr.
LAGUAS relative.
Considering the gravity of the 15charges, then Acting

Presiding Justice Cancio C. Garcia referred the matter to
Atty. Elisa B. PilarLongalong, Assistant Clerk of Court,
for investigation, report, and recommendation.
The Investigation
The requisite hearings were held from December 12, 2003

to August 4, 2004. 16
Atty. Madarang affirmed the contents of her Affidavit
dated December 8, 2003. She testified that the respondent
later came to her office along with Ms. Secarro. Amidst his
cries, he pleaded, Boss, patawad po, alangalang sa aking
mga anak. She replied, Wait, wala ka namang kasalanan
sa akin. Ikaw ang nagpasimuno ng lahat ng ito. The
respondent repeated, Boss, patawad po alang alang sa
aking mga anak,
_______________
14 Rollo, pp. 2023.

15 Now an Associate Justice of the Supreme Court.
16 Exhibit B, Rollo, pp. 2629.
453
VOL. 469, SEPTEMBER 9, 2005 453

and Atty. Madarang answered, Okey 17

lang, pinatawad na
kita. Hindi naman ako galit sa iyo.
Justice Magtolis testified that Atty. Madarang reported
having received a telephone call from the alleged relative of
Lagua. She narrated that she gave the name Arlyn to the
caller, and, thereafter, exchanged text messages with the
respondent. Justice Magtolis instructed Atty. Madarang to
continue communicating with the respondent and, if
possible, to see it through a possible payoff where a
National Bureau of Investigation (NBI) agent would be
asked to assist them. However, the entrapment did not
materialize. The respondent thereafter came to her office,
where he was asked why he was unable 18
to serve all the
other papers and documents that day. He also admitted
that he served a copy of the resolution to the wrong person
(Baluran). Justice Magtolis also stated that she threatened
to transfer the respondent, and that the latter vehemently
objected, pleaded, and cried saying, Huwag naman pong
patransfer. When asked why, the respondent said that he
has children
19
in school and something like, Dyan po ako
kumikita.
Another witness was Cristy Flores, convicted of three
counts of estafa who served time at the Correctional
Institute for Women in Batangas City. She testified that
the respondent was introduced
20
to her in December 1998 by
a certain Crisanta Gamil. Gamil was also detained at the
correctional facility; the respondent had worked on her
appeal bond papers and asked for 21
P20,000.00 to facilitate
the issuance of the appeal bond. The payment was made 22
right in front of her, and the respondent issued a receipt.
The witness also testified that Gamil told her, O, at least

dyan mo ipalakad ang
_______________
17 TSN, 12 December 2003, p. 12.

18 TSN, 13 January 2004, p. 19.
19 TSN, 13 January 2004, pp. 1920.
20 TSN, 22 January 2004, pp. 1314.
21 Id., at p. 15.
22 Id., at p. 18.
454

23
papel mo. Okay yan, sigurado. The respondent visited
her in May 1999, as she had asked him to fix her appeal
bond. During the visit,24
the respondent took the pertinent
documents from her. The witness also stated that25she
gave the respondent a partial payment of P7,000.00
26
on
May 16, 1999 and he issued a receipt. They then
proceeded to the Documents Section where they secured
copies of the court decision, certificate of manifestation and
her picture. She made the last payment of P13,000.00 in
June 13, 1999, and also issued a receipt. The respondent
was also asking for an additional payment of P15,000.00,
which she was unable to give.
Flores narrated that she introduced another detainee to
the respondent, Dalawangbayan, whom the latter was also
able to help. She stated that according to
Dalawangbayan, the respondent asked for P200,000.00.
She further testified that she knew the respondent27
as
Joselito M. Salud, and not Cielito Salud. After the
incident, she wrote a letter to Associate Justice Conrado
Vasquez, Jr. to ask for assistance regarding her appeal
bond.
Atty. Salvador Quimpo, Laguas counsel, testified that it
was Engineer Art Baluran who hired him as counsel of the
said accused. He stated that he gave an oral authorization
to Baluran to get the CA resolutions or orders; Baluran28was
the one who furnished him a copy of the resolution. He
called Mr. Baluran to say that an order for Laguas release
had already been issued by the appellate court. The
witness stated, however,
29
that he had never seen the
respondent before.
_______________
23 Id., at p. 16.
24 Id., at pp. 2122.
25 Id., at p. 24.
26 TSN, 4 March 2004, p. 13.
27 TSN, 22 January 2004, p. 38.
28 Id., at pp. 4045.
29 Id., at p. 47.
455
VOL. 469, SEPTEMBER 9, 2005 455

The respondent testified that he has been a CA employee

since 1991. He admitted that he knew Flores, and met her
in January 1999 when he brought Gamils order of release
in the Batangas City Jail. He claimed that he was waiting
for the relatives of Gamil as they were the ones who would
pay for his fare home, and while waiting, he talked to the
jailguard/warden. Flores then approached him and asked
him if he was from the CA. When the respondent answered
in the affirmative, Flores replied that Justice Vasquez was
her neighbor in Bian, Laguna.
The respondent admitted that he was in the
Correctional Institute for Women in Mandaluyong City on
May 16, 1999, as he was then 30
visiting Vilma
Dalawangbayan. He also saw Flores. When asked why he
visited Dalawangbayan, the respondent replied that Flores
had written a letter 31
to him (which he dubbed as
maintrigang sulat) addressed Lito Salud, Mailing
Section, Court of Appeals. In the said letter, Flores asked
him to help Dalawangbayan, just like he had helped Gamil.
The respondent then showed the letter to then Chief of
Office Prudencio B. Aguilar, who told him, Puntahan mo
yan, Lito at maintriga32
yang sulat na yan, baka tayo
mapahamak dyan. Thus, he went to the Correctional
Institute in Mandaluyong City to sort things out with
Dalawangbayan and Gamil. The respondent, however,
stated that he could
33
not find the letter anywhere and had
already been lost.
During his May 16, 1999 visit to the correctional facility,
Flores approached him in the visiting hall, and said
suddenly, Sandali lang, Kuya, then left. He then talked
to Dalawangbayan about the controversial letter,
explaining that his job in the Court of Appeals was only to
remand the records and deliver the Orders for release, just
like what he did in Gamils
_______________
30 TSN, 25 May 2004, p. 7.

31 Ibid.
32 Id., at p. 9.
33 Id.
456

34 35
case. He again visited Dalawangbayan on June 13, 1999
as evidenced by the entries in the visitors logbook. He was
no longer able to speak to Flores, but made five other such
visits to Dalawangbayan in the correctional facility.
The Findings of the Investigating Officer
In her Report dated January 21, 2005, Atty. Longalong

found that the respondent was guilty as charged, and made
the following recommendation:
In view of all the foregoing, there is substantial evidence to hold

respondent liable for the offenses charged. He is liable for
inefficiency and incompetence in the performance of his official
duties and for conduct prejudicial to the best interest of the
service when he admittedly served the copies of the resolution and
order of release in the Lagua case intended for detained appellant
and his counsel on Mr. Baluran whom he admitted to have met
only on that day, against the rules and normal office procedure on
personal service. His long stay in the Bureau of Prisons also
caused the delay in the service of other court processes assigned
to him for service on that day. He is also liable for having
financial or material interest in an official transaction considering
his undue interest in the service of the order of release and actual
release of Lagua to the point of staying almost the whole day in
the Bureau of Prisons and the aborted deal as can be concluded
from the phone call of Melissa Melchor to Atty. Madarang and
subsequent exchange of text messages with Atty. Madarang
disguising as Laguas relative.
RECOMMENDATION:
1. Rule IV, Section 52 of Civil Service Commission

Memorandum Circular No. 19, S. 1999, issued pursuant to Book V
of the Administrative Code of 1987, provides that the penalty for
the first offense of inefficiency and incompetence in the
performance of official duties, for conduct prejudicial to the best
interest of the service and for directly or indirectly having
financial and material interest in any official transaction is
suspension for a period of 6 months, 1
_______________
34 Id., at pp. 1112.

35 Id., at p. 12.
457
VOL. 469, SEPTEMBER 9, 2005 457

day to 1 year. Pursuant to Section 55 of the same Memorandum

Circular, if the respondent is found guilty of 2 or more charges,
the penalty to be imposed should be that corresponding to the
most serious charge and the rest shall be considered as
aggravating circumstances. Section 54c of the same
Memorandum Circular provides that the maximum of the penalty
shall be imposed where only aggravating and no mitigating
circumstances are present. Since in this case, the penalty is the
same for all 3 offenses, the maximum of the penalty for the first
offense which is suspension for 1 year [may be] imposed on the
respondent.
2. Considering that the prescribed penalty for the offense
exceeds one month suspension, the case may now be referred to
the Supreme Court for appropriate action, pursuant to Circular
36
No. 3091 of the Office of the Court Administrator.
The Ruling of the Court
On the charge of inefficiency, the respondent is clearly

administratively liable. After serving Laguas copy of the
resolution and order of release to the prison Director, he
should have immediately returned to his station or served
the other resolutions and documents for personal service.
As an officer of the court, the respondent plays an essential
part in the administration of justice. He is required to live
up to the stringent standards of his office, and his conduct
must, at all times, be above reproach and suspicion. He
must steer clear of any act which would tend to undermine
his integrity, or37

erode somehow the peoples faith and trust
in the courts. As the respondent himself admitted, he
stayed on until 2:30 p.m. without any valid reason, despite
the fact that he knew he still had to serve several orders
and resolutions. As pointed out by the Investigating
Officer, inefficiency and incompetence in the performance
of official duties is classified as a
_______________
36 Report dated 1 January 2005, pp. 67.

37 Albello v. Galvez, A.M. No. P011476, 16 January 2003, 395 SCRA
251.
458

grave offense, and is punishable 38

by suspension for six
months and one day to one year.
Indeed, the complainant in administrative proceedings
has the burden of proving the allegations in the complaint
by substantial evidence. If a court employee is to be
disciplined for a grave offense, the evidence against him
must be competent and derived from direct knowledge; as
such, charges based on mere suspicion and speculation
cannot be given credence. Thus, if the complainant fails to
substantiate a claim of corruption and bribery, relying on
mere conjectures and suppositions, the administrative
39
complaint must be dismissed for lack of merit. However,
in administrative proceedings, the quantum of proof
required to establish malfeasance is not proof beyond
reasonable doubt but substantial evidence, i.e., that
amount of relevant evidence that a reasonable mind might 40
accept as adequate to support a conclusion, is required.
The findings of investigating magistrates on the credibility
of witnesses are given great weight by reason of their
unmatched opportunity to 41
see the deportment of the
witnesses as they testified.
To determine the credibility and probative weight of the
testimony of a witness, such testimony must be considered
in its entirety and not in truncated parts. To determine
which contradicting statements of a witness is to prevail as
to the truth,
42
the other evidence received must be
considered. Thus, while it is true that there is no direct
evidence that the re
_______________
38 Section 23(p), Rule XIV, Omnibus Civil Service Rules and

Regulations.
39 Fernandez v. Versola, A.M. No. CA0440, 13 August 2004, 436 SCRA
369.
40 Avancena v. Judge Liwanag, 446 Phil. 710; 398 SCRA 541 (2003).
41 Magarang v. Judge Jardin, Sr., 386 Phil. 273; 330 SCRA 79 (2000).
42 Office of the Court Administrator v. Morante, A.M. No. P021555, 16
April 2004, 428 SCRA 1, 20.
459
VOL. 469, SEPTEMBER 9, 2005 459

spondent received any money to facilitate the release of

detained Lagua, the following circumstances must be taken
as contrary to the respondents plea of innocence:
First. The respondent admitted that he was the sender
of the first three text messages in Atty. Madarangs
cellphone: bkit, C rhodora to; CNO KAMAGANAK AT
ANONG PANGALAN MO; and SINO K KC
NAGHIWALAY N KAMI. The respondents testimony on
the matter is as follows:
Q: In the hearing of December 2, 2003, in the TSN on

page 32 onwards
ATTY. ROSERO:
Is that the testimony of Atty. Madarang, Justice?
JUSTICE MAGTOLIS:
Oo. I will just refer to your admission through your
counsel that Cellphone No. 6392044390[8]2 is yours.
You admitted that?
ATTY. ROSERO:
I think we made an admission as to that matter,
Justice. Well just check the affidavit of Atty.
Madarang.
JUSTICE MAGTOLIS:
Here, admitted. Basahin mo.
ATTY. ROSERO:
Yes, Justice, admitted but not the cellphone number
JUSTICE MAGTOLIS:
Sige, ulitin natin, 6392044390[9]2.
ATTY. ROSERO:
Yes, admitted. That is his cellphone.
JUSTICE MAGTOLIS:
This cellphone is yours.
Q: Do you also admit that you called Atty. Madarang
several times on November 7, 2003?
ATTY. ROSERO:
November 7 is a Friday. Tumawag ka daw several
times kay Atty. Madarang, November 7?
JUSTICE MAGTOLIS:
Texted, Im sorry I will correct that, texted.
460

A: Nauna po siyang magtext sa akin, Justice, hindi po

ako nagtext sa kanya. Nagtext po siya sa akin sumagot
po ako sa kanya.
Q: There was an exchange several times?
A: Nuong pong text niya sa akin hindi po several times
dahil kung Makita nyo po dyan.
JUSTICE MAGTOLIS:
Let me see the affidavit of Atty. Madarang. After this
question, may I ask for a continuance?
ATTY. ROSERO:
No objection, Your Honor.
JUSTICE MAGTOLIS:
All these text messages were checked by us with your
counsel in the cellphone of Atty. Madarang which were
preserved until we allowed her to erase these. There
are exchanges here: 6392044390[8]2, November 7.
When she texted she answered, Bkit c Rhodora 2 and
then second was, Cnong kamaganak anong pangalan
mo? This is addressed to you, this is your telephone?
A: Opo.
Q: But the one who answered is Rhodora?
A: Ako po yun.
Q: Ikaw ang sumasagot. Why did you say that you are
Rhodora?
A: Justice, nung mareceive ko po yong text niya apat na

beses ko pong nareceive ang text ni Arlene.
INVESTIGATOR:
Who is Arlene?
A: Atty. Madarang. Arlene, sa text po niya sa akin, Sir
Lito, kamaganak po ito ni Mr. Lagua. Magkano pa po
ba ang kakulangang pera para ibigay ko sa inyo. Si
Rhodora ba kasama? Hindi ko po sinagot yon.
Pangalawa, yun din po ang message nya. Ano ito? Sa
akin pong kuan, sa pagiisip ko lang po, bakit dahil si
Mr. Art Baluran kamaganak na, ano ito? Text pa ulit
pa sya ng pangatlo. Nangiintriga na to. Pangapat,
intriga to. Text ko nga rin to, lokohan lang tayo. Bkit
si Rhodora to yun po ang sagot ko sa kanya.
461
VOL. 469, SEPTEMBER 9, 2005 461

Q: So at that time you already knew about Rhodora?

A: Hindi po, dun, duon po sa text niya nakalagay po dun
eh, Si Rhodora kasama ba? So ikinuan ko po na si
Rhodora to, dun po sa text nya.
Q: Nakipaglokohan ka?
A: Sa text niya nakalagay dun na Si43Rhodora ba kasama
kaya po ako nakipaglokohan dun.
As pointed out by the Investigating Officer, the

respondents claim of joking around (nakipaglokohan)
with an unknown sender of a text message by replying
thereto is contrary to a normal persons reaction. This is
made even more apparent by the fact that the respondent
even admitted that he called Atty. Madarang twice, and
when asked why, gave a vague answer, 44
and, when further
questioned, even broke down in tears.
The respondents claim that the admission of the text
messages as evidence against him constitutes a violation of
his right to privacy is unavailing. Text messages have been
classified as ephemeral electronic communication under 45
Section 1(k), Rule 2 of the Rules on Electronic Evidence,
and shall be proven by the testimony of a person who was
a party to the same or has personal knowledge thereof.
Any question as to the admissibility of such messages is
now moot and academic, as the respondent himself, as well
as his counsel, already admitted that he was the sender of

the first three messages on Atty. Madarangs cell phone.
This was also the ruling of the Court
46
in the recent case
of Zaldy Nuez v. Elvira CruzApao. In that case, the
Court, in finding the respondent therein guilty of
dishonesty and grave misconduct, considered text messages
addressed to the com
_______________
43 TSN, 15 June 2004, pp. 5861.

44 TSN, 29 June 2004, p. 4.
45 A.M. No. 01701SC, 17 July 2001. The Rules took effect on August
1, 2001.
46 A.M. No. CA0518P, 12 April 2005, 455 SCRA 288.
462

plainant asking for a million pesos in exchange for a

favorable decision in a case pending before the CA. The
Court had the occasion to state:
The text messages were properly admitted by the Committee

since the same are now covered by Section 1(k), Rule 2 of the
Rules on Electronic Evidence, which provides:
Ephemeral electronic communication refers to telephone conversations,

text messages . . . and other electronic forms of communication the
evidence of which is not recorded or retained.
Under Section 2, Rule 11 of the [said rules], Ephemeral

electronic communications shall be proven by the testimony of a
person who was a party to the same or who has personal
knowledge thereof . In this case, complainant who was the
recipient of the said messages and therefore had personal
knowledge thereof testified on their contents and import.
Respondent herself admitted that the cellphone number reflected
in complainants cellphone from which the messages originated
was hers. Moreover, any doubt respondent may have had as to the
admissibility of the text messages had been laid to rest when she
and her counsel signed and attested to the veracity of the text
messages between her and complainant. It is also well to
remember that in administrative cases, technical rules of
procedure and evidence are not strictly applied. We have no doubt
as to the probative value of the text messages as evidence in
determining the guilt or lack thereof of respondent in this case.
Second. The respondents testimony during the hearings

held before Investigating Officer Atty. Longalong is replete
with inconsistencies and loopholes. He claimed that he
made inquiries from other CA staff and learned that there
was indeed a deal between someone in the criminal section
and a certain Rhodora of the RTC, Pasig. He further
claimed that the said parties wanted to get back at him for
immediately serving the release order which prevented
them from demanding the balance of the deal from Laguas
relative. However, this bare claim was not corroborated by
any witness. Moreover, the respondent alleged that two
anonymous callers claimed to know something about the
case against
463
VOL. 469, SEPTEMBER 9, 2005 463

him; when asked about it, he stated that he no longer

exerted efforts to find out who they were as they did not give
out their names:
JUSTICE MAGTOLIS:
Q: On page 5 of your affidavit, you said in paragraph 8
That I made some inquiry and some personnel of the
Court of Appeals told me that there is indeed a deal
between a staff in the Criminal Section and Rhodora of
RTC, Pasig. Can you tell us who is this staff?
A: Ah dito po Justice, hindi po siya nagpakilala, sa
telephono po.
INVESTIGATOR:
Sino siya?
A: Hindi po siya yong tawag po niya sa akin sa
telepono nang malaman po dito sa CA na ako ay
kinasuhan ninyo tumawag po siya sa Personnel.
JUSTICE MAGTOLIS:
Q: Who is siya?
A: Ay hindi po siya nagpakilala.
INVESTIGATOR:
Lalaki o babae?
A: Una po babae tapos yong pangalawa po lalaki.
INVESTIGATOR:
Sinong kinakausap?
A: Ako po.
INVESTIGATOR:
Hinahanap ka?
A: Hinahanap po nila ako.
JUSTICE MAGTOLIS:
Q: What did he tell you? He, lalaki, ano?
A: Sa babae muna po?
Q: Oo, babaet lalake ba?
A: Opo.
Q: Who was the first caller, the lady or the gentleman?
A: Babae po.
464

Q: Were you the one who answered the phone?

A: Hindi po.
INVESTIGATOR:
Hinahanap daw siya.
JUSTICE MAGTOLIS:
Q: Hinahanap ka, okay, when you answered the phone,
what did you say?
A: Ang sabi ko po sa kanya, pupuwede mo ba akong
matulungan sa paggawa ng affidavit dahil kinasuhan
nga ako ni Justice Magtolis.
Q: But you do not know who you were talking to?
A: Tinanong ko nga po kung sino siya eh tumutulong lang
daw siya sa akin dahil ang naririnig niyang tsismis din
dyan eh baka po si Rhodora ang may kakuan sa
Criminal.
Q: Saan yong kakuan?
A: Ang may kausap sa Criminal.
Q: Who said na baka si Rhodora ang may kausap sa
Criminal?
A: Yon pong kausap ko sa kabilang linya.
Q: The name you do not know?
A: Eh tinanong ko naman po kung sino siya ayaw naman
po niyang magpakilala. Matutulungan mo ba ako,

ibinaba na po ang telepono.
INVESTIGATOR:
Anonymous caller.
JUSTICE MAGTOLIS:
You are very fond of answering calls. You dont even
know the name.
Q: That anonymous caller told you that there must be
some deals between Rhodora and someone from the
Criminal Section?
A: Yun din daw po ang naririnig niyang tsismis dyan sa
labas.
Q: Tsismis, that was that the caller told you?
A: Opo.
465
VOL. 469, SEPTEMBER 9, 2005 465

Q: And she wanted to help you?

A: Kaya po sinabi din sa akin na tsismis eh hindi pa po
pwedeng
Q: What did you answer her?
INVESTIGATOR:
Anong sagot mo raw?
JUSTICE MAGTOLIS:
Q: Anong sagot niya sa tulungan kasi nakakarinig siyang
tsismis?
INVESTIGATOR:
Q: Ano ang sagot mo?
A: Eh iyon nga ang gusto kong malaman, ang
katotohanan. Baka naman pupuwede mo akong
matulungan. Sino ba to?
JUSTICE MAGTOLIS:
Q: Di ba she was the one who offered to help?
A: Ay ayaw daw po naman niyang masabit po ang
pangalan niya.
Q: But she was the one who called you?
A: Opo.
Q: Okay. How did your talk end with this girl or lady?
A: Nung pagsalita ko nga pong baka pupuwede akong
tulungan, wala na.
Q: How about the man, the gentleman or the boy who
called?
A: Same kuan din po ang kanilang kuan e.
JUSTICE MAGTOLIS:
Dont use kuan.
ATTY. ROSERO:
Sige, Lito, ipaliwanag mo.
A: Same kuento rin po, sinabi niya na ganuon din po na
narinig din po niya sa labas.
JUSTICE MAGTOLIS:
Q: Alright, you were not the one who answered the call?
A: Hindi po.
466

Q: Somebody called you that theres a phone call?

A: Opo.
Q: When you answered, what was your first word?
A: Hello!
Q: What was the answer at the other end of the line?
A: Hello rin po.
Q: What next?
A: Alam mo, ang sabi po niya sa akin ganito po
Q: Who was the first one who said something other than
hello?
A: Siya po ang nauna.
Q: What did she say, the exact words?
A: Exact words, sa naalala kong sinabi niya Alam mo, Mr.
Salud, Salud po ang kuan niya sa akin, narinig ko sa
labas, istoryahan dyan sa labas na baka si Rhodora ang
may kakuan dito sa Criminal. Ang sabi ko po sa
kanya Iyan din ang itinawag sa akin kahapon. Eh
dalawa na kayo eh baka naman pupuwede nyo akong
matulungan. Puede ko bang malaman ang pangalan
mo? Ganun din po, ayaw na pong magsalita ibinaba na

[ang] telepono.
Q: Do you know Rhodora?
A: Hindi po.
Q: You never met her?
A: Hindi po.
Q: You never talked to her?
A: Nung pong ipinakiusap nyo sa akin sa telepono po nung
tayo poy
Q: After the conversation with the lady and that
gentleman who called you to offer some help and
afterwards did not help at all, what happened?
A: Wala na po.
Q: Did you not check with Rhodora, What is this they are
talking about that it might be between you and
someone in the Criminal Section? You never asked her
that?
A: Hindi ko na rin po
467
VOL. 469, SEPTEMBER 9, 2005 467

Q: You did not. But I thought you wanted help from those
people who can help you?
A: Eh hindi na nga po sila nagbanggit po ng pangalan
dahil po sabi ng unang
47
babae ayaw nga rin po niyang
sumabit sa kaso.
This respondents actuation on this matter, if at all true, is

again contrary to the normal reaction of one who has been
administratively charged, and wants to clear his name of
any wrongdoing.
The respondent also admitted visiting an inmate (Vilma
Dalawangbayan) at the correctional facility eight times for
no apparent reason. This admission lends some credence to
the testimony of Flores, that she was the one who
introduced him to Dalawangbayan, the person he was
visiting. When asked why he frequently visited, he stated
that he found her beautiful (Maganda po siya, Justice),
and was on the verge of courting her (Para na nga po
akong nanliligaw). The Court believes that this allegation
was concocted by the respondent as a mere afterthought, to

cover up for his misdeeds.
The Investigating Officer also found that the respondent
was highstrung during his testimony, and this finding
must be accorded respect. Indeed, when the issue is the
credibility of witnesses, the function of evaluating it is
primarily lodged in the investigating judge. The rule which
concedes due respect, and even finality, to the assessment
of the credibility of witnesses by trial judges in civil and
criminal cases where preponderance of evidence and proof
beyond reasonable doubt, respectively, are required,
applies a fortiori in administrative cases where the
quantum of proof required is only substantial evidence. The
investigating judge is in a better position to pass judgment
on the credibility of witnesses, having personally heard
them when they testified, and ob
_______________
47 TSN, 15 June 2004, pp. 5358.
468

48
served their deportment and manner of testifying. Thus,
the following findings of Atty. Longalong are well taken:
However, respondent denied receiving P20,000 from Gamil and

P15,000 from Flores and signing LM Salud on Flores notebooks
(Exhibits E1 and F1) but admitted visiting Vilma at the
Correctional Institute for Women 8 times from May to August
1999. Respondents denial here appears selfserving and
incredible considering his admission of going to the Correctional
Institute for Women several times for no valid official reason.
Moreover, although Flores is a convict for estafa, her testimony on
the matter was more consistent and credible. Likewise,
respondent admitted seeing Flores at the Correctional Institute
for Women and that Flores mailed her letter to him on May 16,
1999 which he called maintriga. He also admitted that he told
Flores to seek the help of Justice Vasquez on her case. The
foregoing, plus the fact that Flores eventually wrote Justice
Vasquez, confirms the truth of Flores testimony on the matter.
With the aforecited admissions by respondent, the substantial
evidence presented by the complainant and her witnesses with
their positive and forthright testimonies deserve more credence
than respondents selfserving denial and inconsistent and vague
testimony. Even the demeanor of complainant and her witnesses

give credence to their testimonies than the nervous and [high
strung] demeanor of respondent during his testimony. Moreover,
complainant and her witnesses, including the superiors of
respondent, have no reason or motive whatsoever to testify falsely
against him. Respondents defense of denial is inherently a weak
defense. It is well settled that denial, to be believed, must be
buttressed by strong evidence of nonculpability, otherwise the
denial is purely selfserving and with nil evidentiary value (People
of the Philippines v. Arlee, 323 SCRA 201). Like the defense of
alibi, denial crumbles in the light of positive declarations (People
of the Philippines vs. Ricafranca, 323 SCRA 652).
Indeed, the Court is looked upon by people with high

respect, a sacred place where litigants are heard, rights
and
_______________
48 Meneses v. Zaragosa, A.M. No. P041768, 11 February 2004, 422

SCRA 434.
469
VOL. 469, SEPTEMBER 9, 2005 469

conflicts settled and justice solemnly dispensed with.

Misbehavior within or around the vicinity diminishes its
sanctity and dignity. The conduct and behavior required of
every court personnel, from the presiding judge to the
lowliest clerk, must always be beyond reproach and
circumscribed with the heavy burden of responsibility.
Their conduct must, at all times, be characterized by,
among other things, propriety and decorum so as to earn
and keep49
the publics respect and confidence in the judicial
service. Public service requires the utmost integrity and
strictest discipline. Thus, a public servant must exhibit at
all times the highest sense of honesty and integrity not
only in the performance of his official duties 50but in his
personal and private dealings with other people.
While there is no direct evidence to suggest that he
actually extorted money to facilitate the issuance of the
appeal bond and release order which he himself served, the
surrounding circumstances, as well as the inconsistencies
in his testimony, point towards administrative culpability.
The respondents actuations fall short of the standard
required of a public servant. He is guilty of gross or grave
misconduct. Misconduct is a transgression of some

established and definite rule of action, a forbidden act, a
dereliction from duty, unlawful behavior,
51
willful in
character, improper or wrong behavior, while gross, has
been defined as out of all measure; beyond allowance; 52
flagrant; shameful; such conduct as is not to be excused.
Under the Omnibus Civil Service Rules and Regulations,
grave misconduct is punishable by dismissal from the
service even for the first offense, as it is classified as a
grave offense. However, considering that the respondent
has
_______________
49 Policarpio v. Fortus, A.M. No. P951114, 18 September 1995, 248

SCRA 272.
50 Concerned Citizens of Laoag City v. Arzaga, A.M. No. P941067, 30
January 1997, 267 SCRA 176.
51 BLACKS LAW DICTIONARY, 5th ed. (1979), p. 901.
52 Id., at p. 632, citing State Board of Dental Examiners v. Savelle, 90
Colo. 177, 8 P. 2d 693, 697.
470

not been previously charged nor administratively

sanctioned, the Court finds that a penalty of suspension for
one year and six months will serve the purpose of
disciplining the respondent.
Court personnel, from the lowliest employee to the clerk
of court or any position lower than that of a judge or
justice, are involved in the dispensation of justice, and
parties seeking redress from the courts for grievances look
upon them as part of the Judiciary. They serve as sentinels
of justice, and any act of impropriety on their part
immeasurably affect the honor and 53
dignity of the Judiciary
and the peoples confidence in it. Thus, any conduct which
tends to diminish the image of the Judiciary cannot be
countenanced.
IN LIGHT OF ALL THE FOREGOING, respondent
Cielito M. Salud is found GUILTY of inefficiency and gross
misconduct. He is SUSPENDED for a period of One (1)
Year and Six (6) Months, effective immediately. He is
further DIRECTED to inform the Court as to the date of
his receipt of this Decision to determine when his
suspension shall have taken effect.
The Office of the Court Administrator is also

DIRECTED to conduct a discreet investigation on the
possible involvement of Rhodora Valdez (Utility Worker),
and other personnel of the Regional Trial Court of Pasig
City, Branch 163.
SO ORDERED.
Panganiban (Acting C.J.), SandovalGutierrez,

Carpio, AustriaMartinez, Corona, Tinga, ChicoNazario
and Garcia, JJ., concur.
Davide, Jr. (C.J.), Puno, Quisumbing, Ynares
Santiago, CarpioMorales and Azcuna, JJ., On Official
Leave.
_______________
53 A.M. No. 030613SC, CODE OF CONDUCT FOR COURT

PERSONNEL which took effect on June 1, 2004.
471
VOL. 469, SEPTEMBER 9, 2005 471

Chua vs. Paas
Cielito M. Salud suspended for one (1) year and six (6)
months for inefficiency and gross misconduct. Office of
Court Administrator directed to conduct discreet
investigation on possible involvement of Rhodora Valdez
and other personnel of Regional Trial Court of Pasig City,
Branch 163.
Note.In administrative proceedings, the quantum of

proof required to establish the administrative liability of
respondent is substantial evidence, not proof beyond
reasonable doubt. (Mariano vs. Roxas, 385 SCRA 500
[2002])
o0o
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10/15/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 469

426 SUPREME COURT REPORTS ANNOTATED

ASSOCIATE JUSTICE DELILAH VIDALLON

Administrative Law; Quantum of Proof; Substantial

440 SUPREME COURT REPORTS ANNOTATED

VidallonMagtolis vs. Salud

quired.The complainant in administrative proceedings has the

administrative complaint must be dismissed for lack of merit.

VOL. 469, SEPTEMBER 9, 2005 441

VidallonMagtolis vs. Salud

concedes due respect, and even finality, to the assessment of the

administrative cases where the quantum of proof required is only

442 SUPREME COURT REPORTS ANNOTATED

VidallonMagtolis vs. Salud

unlawful behavior, willful in character, improper or wrong

ADMINISTRATIVE MATTER in the Supreme Court.

CALLEJO, SR., J.:

Cielito Salud, Clerk IV, Mailing Section of the Judicial

1. Inefficiency and incompetence in the performance of

VOL. 469, SEPTEMBER 9, 2005 443

Melchor Lagua was found guilty of homicide in Criminal

444 SUPREME COURT REPORTS ANNOTATED

On November 7, 2003, the respondent went to the National

the Lagua case. The 8

4. That upon telephone queries made with the office of the

VOL. 469, SEPTEMBER 9, 2005 445

office, she texted Salud for his whereabouts and he replied,

6. That I got Saluds mobile phone number from Ms. Secarro

1. bkit, C rhodora to. 639204439082.Nov. 2003, 15:36:15

446 SUPREME COURT REPORTS ANNOTATED

13. D 2ngkol kay rhodora duon sa kasama ko kaninang

Ala po ako sa Lunes sa opis. Sa hapon po puede kyo

15. Kay Melchor Lagua 6391844701117 Nov 2003 21:08:19

7. That Salud called me up in the morning of November 8,

VOL. 469, SEPTEMBER 9, 2005 447

Kung gusto mo, puntahan mo ako dito bukas, para magkita

That on Tuesday, November 11, 2003, I brought Salud,

On November 11, 2003, Justice Magtolis called the

9 Rollo, pp. 2729.

448 SUPREME COURT REPORTS ANNOTATED

The delivery of resolutions/orders to unauthorized persons and

Attached to the complaint were the following documents to

ANNEX ARecord of the cases received by Salud on November

C1Delivery Receipts for Defense Counsel Salvador Quimpo signed by

VOL. 469, SEPTEMBER 9, 2005 449

C4Delivery Receipt for the Director of Prisons showing receipt on

ANNEX DRecord of Resolutions in 3 other cases (SP80241,

4.1 That on November 6, 2003 at around 1:38 p.m. the Acting

12 Rollo, pp. 34.

450 SUPREME COURT REPORTS ANNOTATED

4.2 That I delivered a copy of the Writ of Habeas

That while I was at the NBI, I received a text

VOL. 469, SEPTEMBER 9, 2005 451

ling in line in front of the building of the New

Mr. LAGUA because he is his relative so, the staff

452 SUPREME COURT REPORTS ANNOTATED

4.23 That I was able to finish my duty at the New

Considering the gravity of the 15charges, then Acting

The requisite hearings were held from December 12, 2003

14 Rollo, pp. 2023.