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THIRD DIVISION A.M. No. P-09-2686 : March 10, 2010 PRISCILLA L. HERNANDO, Complainant, vs. JULIANA Y. BENGSON, Legal Researcher, RTC, Branch 104, Quezon City, Respondent. R E S O L U T I O N MENDOZA, J.: This is an administrative case instituted by Priscilla L. Hernando (Hernando) against Juliana Y. Bengson (Bengson), a Legal Researcher of the Regional Trial Court, Branch 104, Quezon City, for Grave Misconduct, Willful Failure to Pay Just Debt and Conduct Unbecoming a Court Personnel.chanroblesvirtua|awlibary From the Evaluation, Report and Recommendation of the Office of the Court Administrator (OCA), it appears that sometime in September 2002, Hernando was scouting for a surveyor who could assist her in the titling of a property that her family was planning to buy. According to Hernando, Bengson offered her services for Ten Thousand ( In denying any indebtedness to Hernando, Bengson submits that she merely received the claimed amount on behalf of her half-sister, Maritess Villacorte, who was to serve as the surveyor. Further, she denies being privy to the negotiations between Hernando and Villacorte. Her only fault was accepting the money for her half-sister. In fact, she already filed charges of Estafa against Villacorte. In Janette P. Gabatin v. Marilou M. Quirino, In the present case, the OCA found, and we agree, that Bengsons complicity in the failed titling of the property eyed by Hernando was manifest. Based on the trial judges investigation and that of the OCA, Bengson offered to help Hernando find a surveyor for a fee, and she was the very same one who directly received the money intended for the titling of the property. To Hernandos dismay, Villacorte did not turn out to be the "expert" that she was made to believe. To our mind, it was the very misrepresentation that precipitated the transaction that eventually defrauded Hernando. Complainant would not have parted with her hard-earned money were it not for Bengsons misrepresentation with respect to Villacortes capacity to facilitate the titling of the property. Respondent cannot extricate herself by claiming that she had no direct participation in the negotiations.chanroblesvirtua|awlibary The yardstick laid down by the Court in Gutierrez v. Quitalig Employees of the judiciary should be living examples of uprightness not only in the performance of official duties but also in their personal and private dealings with other people so as to preserve at all times the good name and standing of the courts in the community. The image of the court, as being a true temple of justice, is aptly mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowliest of its personnel.chanroblesvirtua|awlibary Still in Tiples, Jr. v. Montoyo, Bengsons act of dealing with Hernando, more particularly of offering her services to facilitate the titling of Hernandos property, whether directly or through another, certainly fell short of the above yardstick or standard for court employees and personnel. She definitely had no business indulging, even indirectly, in the processing or the titling of the property.chanroblesvirtua|awlibary Now, in Dela Cruz v. Zapico, Pursuant to Section 52(B)(2) of the Revised Uniform Rules on Administrative Cases in the Civil Service, As to Hernandos claim for the return of the money she paid to Bengson, we agree with the position of the Investigating Judge and the OCA that the issue as to who is ultimately liable should be duly threshed out before a court of law. "Just debt" applies or refers to claims, the existence of which is admitted by the debtor. WHEREFORE, finding Juliana Y. Bengson, Legal Researcher, Regional Trial Court, Branch 104, Quezon City, GUILTY of Simple Misconduct, the Court hereby orders her SUSPENDED from the service, without pay for one (1) month and one (1) day, with a WARNING that a repetition of the same or similar acts in the future will be dealt with more severely. SO ORDERED. JOSE CATRAL MENDOZA WE CONCUR: RENATO C. CORONA
DIOSDADO M. PERALTA cralaw Endnotes:
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