Philippine Supreme Court Resolutions > Year 2009 > May 2009 Resolutions > [A.M. OCA-IPI-07-1892-MTJ, May 02, 2008] ENRIQUE B. DELIGUIN, SR. V. PRESIDING JUDGE JACINTO C. GONZALES, MUNICIPAL TRIAL COURT IN CITIES, BRACH 2, OLONGAPO CITY, AND ANNABELLE F. GARCIA, CLERK OF COURT OF THE SAME BRANCH :

Quoted hereunder, for your information, is a resolution of this Court dated 02 June 2008:

A.M. OCA-IPI-07-1892-MTJ (Enrique B. Deliguin, Sr. v. Presiding judge Jacinto C. Gonzales, Municipal Trial Court in Cities, Brach 2, Olongapo City, and Annabelle F. Garcia, Clerk of Court of the same branch). � This administrative case stemmed from the Complaint^[1] dated 22 November 2006 filed by Enrique Deliguin, Sr., a public service foreman in the City Government of Olongapo detailed at the Office of Clerk of Court of the Municipal Trial Court in Cities (MTCC), charging Hon. Jacinto C. Gonzales, presiding judge of MTCC of Olongapo City, Branch 2, and Annabelle F. Garcia, clerk of court of the same branch, with abuse of authority, oppression, misconduct and corruption.

In Resolution^[2] dated 19 September 2007, this Court dismissed the complaint as against Judge Gonzales for lack of merit but referred the charge of extortion against respondent Garcia to the executive judge of the Regional Trial Court (RTC) of Olongapo City for investigation, report and recommendation.

In her Report,^[3] Acting Executive Judge Josefina D. Farrales recommended the dismissal of the administrative complaint against Garcia for lack of evidence. She found, thus:

In the instant case, the bare allegations of complainant Deliguin, Sr. that the respondent Garcia demanded P5,000.00 from Gonzaga for the speedy release of the decision in Civil Case No. 4876 entitled �Shirley Gonzaga vs. Felicitas dela Cruz� is not worthy of belief as it is uncorroborated and self-serving. If it was true that respondent Garcia demanded money from Gonzaga, the undersigned wonders why it was Deliguin and not Gonzaga who initiated the instant complaint against the respondent. This leads he undersigned to a reasonable conclusion that complainant Deliguin filed the instant complaint against respondent after he was suspended for six (6) months per memorandum dated 22 November 2006.

While Gonzaga confirmed the charge of extortion against respondent Garcia when she testified before the undersigned on 12 March 2008, her testimony deserves scant consideration. The undersigned observed Gonzaga has the motive to falsely in getting satisfaction for the judgment rendered in her favor in Civil Case No. 4876 where she was a party plaintiff up to the time the decision was rendered in Civil Case No. 4876 before Gonzaga executed an affidavit containing averments of extortion case doubt to the truthfulness of her allegation.^[4]

This Court approves and adopts the findings and recommendations of Judge Farrales. In administrative proceedings, the complainant has the burden of proving, by substantial evidence, the allegations in the complaint.^[5] Here, complainant miserably failed to substantiate his charges of extortion against respondent Garcia.

WHEREFORE, the recommendation of Acting Executive Judge Josefina D. Farrales is APPROVED. The administrative complaint against Annabelle F. Garcia, Clerk of Court, MTCC of Olongapo City, Branch 2 is DISMISSED for lack of merit.

Velasco, Jr., J., on official leave; Reyes, J., designated additional member pursuant to Special Order No. 504. Carpio Morales, J., on official leave; De Castro, J., designated additional member pursuant to Special Order No. 505.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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^[1] Rollo, pp 6-9.

^[2] Id. at 52.

^[3] Id. at  41-52.

^[4] Id. at 59-60.

^[5] Morales, Sr. v. Judge Dumlao, 427 Phil. 56, 62 (2002).