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[A.M. No. P-99-1294.October 4, 1999]

GERRY SANCHEZ vs. BANDOY

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 4, 1999.

A.M. No. P-99-1294(Gerry C. Sanchez vs. Lita Bandoy, Clerk of Court, 8th Municipal Circuit Trial Court, Bislig-Lingig, Surigao del Sur.)

This is a complaint filed by Gerry C. Sanchez charging respondent Branch Clerk of Court Lita Bandoy of the Municipal Circuit Trial Court, Bislig, Surigao del Sur, with extortion and arrogance in the performance of her duties.

In his affidavit, complainant alleges that on March 3, 1997, at around 10:00 am., he accompanied Roel Oliver, who had been charged with serious physical injuries through reckless imprudence, to post bail in the MCTC of Bislig, Surigao del Sur. He states that they were advised by respondent to deposit the bail in the amount of P4,000.00 in cash at the Bislig Municipal Treasurer's Office and to secure a certificate of such deposit. According to complainant they did what they were told but when they went back to the office of respondent to submit the certificate of deposit, the latter required Oliver to pay P200.00 as processing fee and when Oliver asked for an official receipt for the said fee, respondent threatened to imprison him if he persisted in his request for a receipt. Complainant claims that respondent justified the collection of said fee as "personal contribution" and that respondent's statements were heard by PNP Warrant Officer Salvador Suico and her officemates.Complainant's allegations are corroborated by the affidavit of Roel Oliver with the additional detail that he did not know the name of respondent at that time and that he later found out the latter's name from Utility Worker Josie Llamado.

Respondent denies the charges against her and claims that she did not transact business with complainant and Oliver on March 3, 1997 much less did she process any bail bond for Oliver because this is not part of her duties as clerk of court. She likewise denies demanding P200.00 as processing fee from Oliver and then threatening him not to process the bail bond and instead, to place him in jail if he persisted in demanding a receipt. She claims that the complaint against her is false and fabricated and meant only to harass her. To prove her innocence, respondent submitted to the Court the following:

(1) Affidavit of Judge Antonio R. Ca�on of the MCTC of Bislig-Lingig, Surigao del Sur, which alleges that his subordinates, including respondent, "never engage in the preparation, processing, and typing of bail bonds for accused persons because they are aware of the fact that court employees are prohibited to do the same by the Supreme Court; that if [he] remembers [it] right, this Roel Oliver submitted to [him] for subscription a bail bond which he posted in Crim. Case No. 2379; [and] that [he] knows for a fact that all the charges contained in the a affidavit of Roel Oliver and Gerry Sanchez are all false and fabricated because ever since the time that [he] became the presiding judge, nobody ever complained of irregularities and anomalous acts committed by any of the employees of the court, including the[Branch] Clerk of Court;"

(2) Joint Affidavit of Rowena Dofitas, Janelyn Alba and Apolonia Macawile which states that they are respondent's officemates and that at around 10:00 a.m. of March 3, 1997, they were in their office, positioned about two (2) meters away from respondent's table, but they did not see complainant there nor hear respondent threaten Oliver with imprisonment if he insisted on getting an official receipt for P200.00;

(3) Affidavit of PNP Warrant Officer Salvador Suico which alleges that he was present at the office of respondent on March 3, 1997, at 10:00 a.m., when Oliver handed the already prepared bail bond to respondent but he did not see complainant there and that respondent did not utter the words attributed to her; and

(4) Affidavit of Utility Worker Josie Llamado which states that she did not know Roel Oliver and that he did not inquire from her the name of respondent.

On July 21, 1998, respondent filed a manifestation and motion informing the Court that Roel Oliver is no longer interested in prosecuting the case against her, attaching therewith the affidavit of desistance of Oliver, dated June 5, 1998, with the prayer that the complaint against her be dismissed.

In its resolution of February 1, 1999, the Court referred this case to Executive Judge Ermelindo G. Andal of the Regional Trial Court, Tandag, Surigao del Sur, for investigation, report, and recommendation. In his report, dated May 25, 1999, Judge Andal states:

In compliance with your letter-directive to investigate the above-entitled Case, the undersigned scheduled the Case for formal investigation at this Court, first, on April 29, 1999, and then on May 17, 1999, with notices to Complainant(s) and the respondent. On both occasions, only the respondent appeared. Accordingly, only respondent's evidence was received. Her oral testimony was duly recorded, the transcript of which is attached to the record.

.[This] should not come as a surprise, if expected, because on June 5, 1998, Roel Oliver executed an affidavit wherein he alleged that "the incident which gave rise to (his) letter-complaint was due to a communication gap between (him) and respondent MRS. LITA L. BANDOY x x x and that he desists (from) pursuing (his) case against her" which, in turn, paved the way for the dismissal of the "Direct Bribery" Case against herein respondent, docketed as Crim. Case No. 1903 in the RTC, Branch 29, Bislig, Surigao del Sur.

In her oral testimony on April 29, 1999, respondent denied having demanded and/or received from Roel Oliver the processing fee of P200.00 for the latter's bail bond in Crime. Case No. 2379, but only received the "already prepared bail bond for approval by the Judge" (tan, pp. 2-3, 4/29/99); and confirmed and affirmed the contents of her verified letter-answer, dated July 21, 1997. She denied having prepared the bail bond of Rod Oliver and disclaimed knowledge on who prepared the same (id p. 4). She also denied that the processing of bail bonds was part of her job and/or of her co-employees. And neither did the Acting Presiding Judge nor the latter's predecessor asked her or any of the Court personnel to prepare bail bonds (id., p. 5).

A careful examination of the records received by the Undersigned and the oral testimony of the respondent during his investigation, shows that the presence of Roel Oliver in respondent's Office on March 3, 1997 at 10:00 o'clock in the morning, for the purpose of posting a cash bond of P4,000.00 in Criminal Case No. 2379 pending in her Court, was not categorically denied. On the contrary, it was impliedly admitted by respondent in her oral testimony, when she claimed that the "bail bond" was already prepared when it reached her Office (tsn, p. 51, Record), and by Judge Antonio K. Ca�on who, in his affidavit, stated that Roel Oliver submitted to him for "subscription" a bail bond in Crim. Case No. 2379.

..

Be that as it may, however, in view of the non-cooperation, if not hostility, of both herein Complainant and Roel Oliver in the investigation of the charges, the same will remain unsubstantiated and, as such, may not be the basis for the imposition of disciplinary measure on the respondent.

The Court finds the report and recommendation of Judge Andal to be in order. Respondent's administrative liability, if any, cannot be ascertained in view of the failure of complainant and Roel Oliver to substantiate their charges against her.

WHEREFORE, the instant complaint is DISMISSED for failure of complainant and Roel Oliver to substantiate their charges against respondent

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court


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