Case Digest: Judge Jaime B. Santiago v. Romelito G. Fernando A.M. No. P-22-053 (Formerly OCA IPI No. 15-4466-P) January 17, 2023 Supreme Court, En Banc Ponente: Justice Ricardo R. Rosario

 

FACTS

The administrative case arose from a complaint filed against Romelito G. Fernando, a court employee, for acts constituting gross insubordination and gross misconduct. The complaint alleged that Fernando repeatedly refused to comply with the lawful directives of his superior officers despite several instructions and opportunities to do so. He also engaged in acts inconsistent with the ethical standards expected of court personnel and failed to observe the discipline required in the Judiciary.

The investigation further disclosed that Fernando improperly received ₱40,000.00 from Mrs. Lolita Borja under the pretext of facilitating the release of court processes. The evidence showed that he misrepresented his authority and took advantage of his position in the Judiciary for personal gain. His conduct was found to be inconsistent with the high degree of integrity and honesty demanded of all court employees.

The Office of the Court Administrator (OCA) conducted an investigation and recommended that Fernando be held administratively liable. The case was elevated to the Supreme Court for final determination, which examined the evidence and evaluated whether his acts constituted violations of the Code of Conduct for Court Personnel and the applicable administrative rules governing Judiciary employees.

ISSUE

Whether or not respondent Romelito G. Fernando was guilty of gross insubordination for repeatedly refusing to obey the lawful orders and directives of his superior officers.

Whether or not respondent's acts of receiving money from a litigant and misrepresenting his authority constituted gross misconduct and violated the Code of Conduct for Court Personnel.

Whether or not the circumstances warranted the ultimate administrative penalties of dismissal, forfeiture of benefits, disqualification from government service, restitution of the money received, and the imposition of fines under the Revised Rule 140 of the Rules of Court.

HELD

The Supreme Court found respondent GUILTY of two (2) counts of Gross Insubordination and one (1) count of Gross Misconduct. The Court emphasized that all officials and employees of the Judiciary are held to the highest standards of integrity, honesty, and professionalism because public confidence in the judicial system depends not only on judges but also on every court employee. Repeated refusal to obey lawful directives of superiors constitutes gross insubordination and demonstrates unfitness to remain in public service.

The Court ruled that respondent's acceptance of ₱40,000.00 from Mrs. Lolita Borja constituted gross misconduct because it involved corruption, dishonesty, and abuse of his position. Such conduct violated the Code of Conduct for Court Personnel, which requires every court employee to perform official duties with integrity, impartiality, and accountability. The Court stressed that court personnel must never exploit their office for personal benefit or create the impression that judicial processes can be influenced through monetary consideration.

Applying Section 18(a) of the Revised Rule 140 of the Rules of Court, the Supreme Court imposed the penalty of forfeiture of all benefits, except accrued leave credits, perpetual disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations, and an aggregate fine of ₱300,000.00. The Court likewise ordered Fernando to return the ₱40,000.00 to Mrs. Lolita Borja with legal interest of six percent (6%) per annum from the finality of the Resolution until full payment. The Court reiterated that there is no place in the Judiciary for employees who fail to meet the exacting standards of integrity and public accountability.