GR No. P-22-057
GR No. P-22-057
GR No. P-22-057
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EN BANC
GESMUNDO, CJ,
.LEONEN,
CAGUIOA,
HERNANDO,
- versus - LAZARO-JAVIER,.
INTING,
ZALAMEDA,
LOPEZ, M.,
GAERLAN,
ROSARIO,
LOPEZ, J.,
DIMAAMPAO,**
DEBHEM E. :FAJARDO, MARQUEZ,
STENOGRAPHER III, BRANCH KHO, JR., and
170, REGIONAL TRIAL COURT, SINGH, JJ
MALABON CITY,
Promulgated:
Respondent. October 3, 2023
X--------------·-------------------------- ---------X
DECISION
PERCURIAM:
On Official Business.
·• On Official Business.
2 A.M. No. P-22-057 [Formerly OCA
Decision
IPI No. 20-4993-P]
In its 1st Indorsement 4 dated 16 January 2020, the OCA referred the
Complaint to Fajardo for comment.
1
Rollo, p. 10.
2
Id.
3
Id. at 25 .
•, Id. at 26. Signed by Court Administrator Jose Midas P. Marquez (now Member of the Court), Assistant
Court Administrator Lilian C. Barribal-Co, and OCA Chief of Office (Legal Office) Wilhelmina D.
Geronga.
Decision 3 A.M. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
5
Id. at27-29.
6
Id. at 30-39.
Decision 4 AM. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
June 2020. She maintained that her allegations against Fajardo were
supported by evidence. She also included a transcript of an exchange of text
messages between her and Fajardo, which, according to her, "undoubtedly
shows that the money was given xx x to [Fajardo] to arrange and process
the complainant's annulment case xx x" We quote:
Tita Debbie: eva sa jan IO dedeposit [namin ni] ate malou sa bpi
mo. 7
8
In its Report dated 25 May 2022, the JIB recommended that:
' Id.at31.
8
Id. at 40-50. Pe~ned by C.hairperson Justice Romeo J. Callejo, Sr. (Ret.) and concurred in b Vice-
C?airperson Justice Angelma Sandoval-Gutierrez (Ret.), First Regular Member Justice Sesin:ndo E
Villon (Ret.), and Second Regular Member Justice Rodolfo A. Ponferrada (Ret.). •
Decision 5 A.M. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
The JIB found no merit in Fajardo's claim that the amount she owed
complainant was because of a loan and not on account of a promise to "fix"
the latter's annulment-case. 10
The Court adopts the findings of fact and recommendation of the JIB.
0
Id. at 49.
" Id. at 46.
" Id at 55-56.
12
Id. at 415-434. Penned by Chairperson Justice Romeo J. Callejo, Sr. (Ret.) and concurred in by Vice-
Chairperson Justice Angelina Sandoval-Gutierrez (Ret.), First Regular Member Justice Sesinando E.
Villon (Ret.), Second Regular Member Justice Rodolfo A. Ponferrada (Ret.) and Third Regular Member
Justice Cielito N. Mindaro-Grulla (Ret.)
13
Ambrosio" De/as Armas, 869 Phil. 562, 568-569 (2020).
14
726 Phil. 408 (2014).
Decision 6 AM. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
xxxx
In the case at bar, evidence shows that Fajardo received money from
complainant in exchange for the promise to process the latter's annulment
case. Initially, Fajardo denied the allegations and claimed that the money she
received was a loan from the complainant. However, during the clarificatory
hearing, it came to light that the money Fajardo received from the
complainant was not a loan but a promise to help fix and file complainant's
annulment of marriage. Fajardo' s answers bear this out:
Justice Gutierrez: Then you were asked by the counsel of the complainant
or you have heard concerning her [complainant] desire to file a case for
annulment against her husband, did you have a hand on this? Regarding
the filing of a petition for annulment against her husband? Just be honest,
because we have here the exchange of text messages between you and the
complainant on this matter on the filing of the petition for annulment. Just
be honest, because text messages between [t]wo people are admissible as
evidence. So you must be honest in answering my question, okay?
So, what did you promise the complainant regarding her filling of
" ld.at416-417.
Decision 7 AM. No. P-22-057 [Formerly OCA
IP! No. 20-4993-P]
petition with the court for annulment of marriage against her husband?
Please relay everything that transpired, because the exchange of messages
between you and the complainant are here before us, and because we are
here to know the truth.
[Fajardo]: Yes, Your Honor. I will tell you the truth, I will answer it
correctly y;our Honor. The truth of the matter is this, Ms. Malou was the
one who approached me and asked me if I know a lawyer who can help
her acquaintance or a friend who needs a lawyer to file an annulment.
Because Ms. Malou is very close to me, Your Honor, and then I answered.
"Yes, Ate Malou, I know someone who can help your friend to fix her
annulment.
But I don't have a promise that I will be the one to help her
negotiate the transaction of her annulment case in court to file her petition
in court, Your Honor. That's the truth. It was through Ate Malou the
conversation that someone needs a lavvyer.
Justice Gutierrez: You are now denying that the exchange of message
between you and the complainant, never was it mentioned that you're
helping her inside the court.
Witness:
Justice Gutierrez:
What are the messages here? I will read it to you. "Good Morning
Eva," who is Eva:
Witness:
Justice Gutierrez:
And so, this is your text to her, "Good morning, Eva. Kung
nadelay man yung period, wag kang mag[-Jalala dahil may
kausap na ko sa loob para mapadali at abutin ng eksaktong one-
year annulment mo. Pinaparush ko na talaga."
Witness:
Justice Gutierrez:
honesty.
Witness:
Yes.,Your Honor. The loob is the court, the office Your Honor.
Justice Gutierrez:
What office?
Witness:
Justice Gutierrez:
Witness:
Justice Gutierrez:
If I repeat to you all the messages here, it all means the court.
Witness:
Justice Grulla:
For Justice Gutierrez, I can read to you the text messages here
between you and the complainant.
Justice Gutierrez:
Witness:
Justice Gutierrez:
Justice Grulla:
Witness:
Justice Grulla:
"Good evening tita deb, Sorry d ko nasagot, nasa CR ako. Sige po.
Basahin ko pag nadala na ni Carlo saken. Thank you po."
Justice Gutierrez:
Witness:
Justice Grulla:
Justice Gutierrez:
Justice Grulla:
June 15, 2017, 12:24PM, "sori eva late reply naka duty kc ako sa
hearing ok pakibgay n fang kay carlo draft p fang yan d p yan
finalize may idadagdag p dyan report ng psychologist kol kta
mayagabi''
Justice Gut:1errez:
Justice Grulla:
Justice Gutierrez:
Decision 10 A.M. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
Justice Grulla:
"gud am din eva ok receive ko again syanga palay un [sa]
interview psycho natin by next sat [inform] kta ha usap tyo tom
evening gud luck and god bles ."
Justice Gutierrez:
Justice Grulla:
"ok cge"
Justice Gutierrez:
Justice Grulla:
"Yes tita"
July 21, 2017, 4:51PM, "Tita Deb, pwede bang 5K muna bukas?
Ndi pa pala ako nakakabayad ng rent. Yun last na 50K na
bin~gay ko kasi binigla ko ng bayad eh. Wlang pang isang buwan
pagltan from the last time na nagbigay akong 50K. Ndi ko po
alam na may babayaran pa pla upfront dun sa psychiatrist pag
kinita naten."
.Justice Gutierrez:
So, you see? Meron pang bayad, that is still payment to be made to
the psychiatrist. Who is that psychiatrist? It is the psychiatrist that
will interview the parties in this Petition for Annulment. Okay,
please continue.
Justice Grulla:
"ok eva cge 2pm appt natin kausap ko na dra de! rosario"
Justice Gutierrez:
Yes.
Decision 11 A.M. No. P-22-057 [Formerly OCA
IPI No. -20-4993-P]
Justice Grulla:
"Eva sa SM megamall daw tyo meet tom dun na kami before 2pm
sabi ni dra kc may meet p cya after natin"
Justice Gutierrez:
Justice Grulla:
July 21, 2017, 9:43PM, "good evening eva pwed b kta tawagan
kungd k busy", "ok."
July 22, 2017, 4:58PM, "Tzta, ano nga ung ipapadala ni Doctora
sa ex hubby ko?"
"ang alam ko papadalan cya sulat cge txt na Zang kta s tunes para
clear."
Justice Gutierrez:
So, that means the psychiatrist will give notes that will be
questionnaires to the husband. Continue, please.
Justice Grulla:
Justice Gutierrez:
Justice Grulla:
July 25, 2017, 6:35AM, "Good morning tita deb, May witness
Decision 12 A.M. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
July 27, 2017, 9:43PM, "good evening pwed meet tyo tom para
makuha ko statement ng witness mo magawa na din?
"Naku tita, sat sun off po kami pwede kasi may pasok kami
kinagabihan, mawawalan kami tulog. Pero kung around BGC ung
place ng meet up ng mga morning bka pwede naman."
Justice Gutierrez:
I'll go direct to the point, okay? What you hear are the exchanges
of conversations between your and the complainant. Apparently, it
is very obvious you are hurting her with respect to her Petition for
Annulment. 16 (Emphasis supplied)
16
Rolio, pp. 389-400 (TSN dated 17 May 2023).
17
Astorga and Repol Law Qffices" Villanueva, 754 Phil. 534, 552(2015).
18
Rule 11, Section. 2 of Rtll.ES ON ELECTRONIC Ev•DENCC:
SECTION 2. Ephemeral electronic communications.~ Ephemeral electronic communications shall be
proven by the testim?ny _o_f a person w~o was a party to the same or has personal knowledge thereof. In
the absence or unava1lab1hty of such witnesses, other competent evidence may be admitted
19
A.M. No. 03-06-13-SC, approved on 23 April 2004.
20
869 Phil. 589 (2020).
Decision 13 A.M. No. P-22-057 [Fonnerly OCA
IPI No. 20-4993-P]
the ultimate penalty of dismissal as his act of asking and receiving money
from complainant as some sort of package deal for the purported speedy
processing of the annulment proceedings constitutes grave misconduct. 21
As a final note. The Court has stressed that "the behavior of all
employees and officials involved in the administration of justice, from
judges to the most junior clerks, is circumscribed with a heavy
responsibility." 24 Court personnel, regardless of position or rank, are
expected to conduct themselves in accordance with the strict standards of
integrity and morality. 25
SO ORDERED.
21
Id. at 597-599.
22
A.M. No. 21-08-09-SC, approved on 22 February2022.
23
Rule 140, as amended, Sec. I 7.
" Office of the Court Administrato, v. Buzon, 890 Phil. 367,374 (2020); Citations omitted.
25 Id.
Decision 14 A.M. No. P-22-057 [Formerly OCA
IPI No. 20-4993-P]
WE CONCUR:
AL .
,, Chief Justice
Associate Justice
SA~U~AN
Associate Justice
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RICA · . ROSARIO JHOS~OPEZ
Ass iate Justice Associate Justice
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(On Official Business Leave)
JAPAR B. DIMAAMPAO
Associate Justice
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~JusticeRQUEZ
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ANTONIO T. KHO, JR~
Associate Justice Associate Justice