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[A.M. No. 01-2-03-SC.January 30, 2002]
IN RE:SPS. GONZALES vs. RABANILLO
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JAN 30 2002.
A.M. No. 01-2-03-SC(Spouses Edgardo and Anna Gonzales vs. Leo Rabanillo, Construction and Maintenance General Foreman, Halls of Justice, Quezon City.)
In an unsworn letter-complaint dated September 5, 2000 addressed to Atty. Luzviminda Puno, Clerk of Court of the Supreme Court, Spouses Edgardo and Anna Gonzales charged Engr. Leo Rabanillo, Maintenance Supervisor at the Hall of Justice of Quezon City with misconduct and/or conduct unbecoming of an employee in the judiciary alleging that on August 26, 2000 while they were having some fun with their friends near their home Leo Rabanillo (Rabanillo, for short) suddenly rushed towards Edgardo Gonzales (Edgardo, for short) and shouted bad words and invectives at the latter. When Anna Gonzales (Anna, for brevity) went to her husband he (Rabanillo) also shouted bad words and other invectives at her. Not content, Rabanillo grabbed Edgardo by the shirt and hit him several times. Rabanillo likewise hit Edgardo on the eyebrow with a bottle of beer causing a one (1)-inch wound requiring six stitches to close. Edgardo thereafter filed a criminal case of serious physical injuries against Rabanillo in the City Prosecutor's Office of Quezon City. Leo Rabanillo only laughed at the case instituted against him because he claimed it would not prosper, as he is "untouchable" being an employee of the Hall of Justice.
Complainants Spouses Gonzales requested that an administrative sanction be imposed against Leo Rabanillo, as his continued stay in the Supreme Court will bring only shame and bad reputation to the office. They likewise claimed that Leo Rabanillo is a notorious troublemaker, that he often got drunk resulting in his quarreling with his neighbors, including them. [1] cralaw
In the letter-answer dated January 2, 2001 respondent Engr. Leo B. Rabanillo, alleged that the letter-complaint of Spouses Edgardo and Anna Gonzales was nothing but a clear harassment as their accusations were baseless and mere fabrications; that as one of the Street Coordinators in their Homeowners' Association he was determined to offer all his best, without receiving any compensation from the Association, to attain a peaceful and harmonious atmosphere in their subdivision; that he was not a notorious troublemaker and boastful father; that it was the complainants Spouses Edgardo and Anna Gonzales who slapped him and threatened him; that the Spouses Gonzales still "adopt their life-orientation when they used to live in a squatter's area in Quezon City"; that Edgardo Gonzales exemplifies the nature of a street fighter for he earns his living as a public utility jeepney driver; that Edgardo Gonzales' personality is a picture of a professional squatter, a gambler and uneducated person who enjoys vexing a peaceful and educated person. He prayed that his name be cleared of the accusations made against him by Spouses Edgardo and Anna Gonzales. [2] cralaw Attached to his letter-answer were the following:
a) A certification issued by the North Olympus Neighborhood Association, Phase IV Inc., represented by its president Joel B. See-Sante, stating that Leo B. Rabanillo is an officer of their association and that his designation as Street Coordinator was based on his good record as a Homeowner, moral integrity and people-person personality; [3] cralaw
b) A letter signed by the neighbors of Engr. Leo Bugayong Rabanillo of Block 13 Lot 36 Chopin Street, North Olympus, Phase IV, Novaliches, Quezon City indicating their vehement and categorical denial on the allegation that subject homeowner concurrently their street coordinator is a troublemaker and that the allegation is unfounded and baseless; [4] cralaw
c) A letter addressed to Mr. See-Sante, bearing the signatures of homeowners of Chopin St., Phase 4, North Olympus Subdivision, Zabarte Road, Bgy. Kaligayahan, Novaliches, Quezon City attesting that their neighbor Spouses Edgardo and Ana Calora of Blk. 13, Lot 42, Chopin St., Phase 4, North Olympus Subdivision are trouble makers, vexatious and recalcitrant persons; [5] cralaw and
d) A medico-legal certificate dated August 27, 2000 from the East Avenue Medical Center showing that he was treated for abrasions on the knees and on the forearm. [6] cralaw
On January 5 and 8, 2001, Atty. Eden Candelaria, Deputy Clerk of Court and Chief Administrative Officer conducted an investigation. Quoted hereunder is her report and recommendation dated February 5, 2001, to wit:
"xxx����������������� xxx������������������ xxx
"In the case at bar, there is no doubt that respondent Rabanillo failed to live up to the strictest standard expected of an employee of the Judiciary.
"Complainant are ordinary people, and perhaps even unschooled who have no reason to fabricate a complaint against respondent Rabanillo, unless it was true. On the other hand, respondent is a registered Engineer and he may with his stature have reasons to harass and/or demean the complainants. This is evidenced by the fact that respondent without any provocation from the complainant picked a fight with them.
"Respondent's defense that he went to the house of the complainants purposely to pacify Mr. Gonzales is suspect. First, why did he shout invective words to call complainant's attention, if his purpose was to settle a disagreement. Secondly, after Mr. Gonzales was about to enter their house, apparently evading him (Rabanillo) there was no more reason for him to proceed after Mr. Gonzales, lest his intention was otherwise.
"Besides, there was nothing in the allegations of the respondent which would show that complainants were the ones who initiated the fight. In all probabilities, it was provoked by respondent Rabanillo.
"It is interesting to note that this was not the first time respondent was reported in this Office. In the first instance, he was likewise involved in an altercation with an officemate in the Halls of Justice, Quezon City. As a consequence, he was warned by the Committee of his actuations that a repetition of a similar act in the future will be dealt with severely.
"Based on the records in this Office, respondent Rabanillo is only a casual employee, thus his employment may be terminated anytime for a cause. Respondent should have known that employment in the Judiciary is not an easy task. One has to live with the strictest norms and standards not only in his official actuations but in his private life as well. As earlier stated, the image of the Court is essentially mirrored in the conduct of the men and women who work thereat.
"Premises considered, this Office most respectfully recommends that Engr. Leo Rabanillo, Construction and Maintenance General Foreman, Halls of Justice, Quezon City, be SUSPENDED for one (1) week without pay with a warning that a repetition of the same or similar act in the future will be dealt with more severely.
"xxx����������������� xxx������������������ xxx."
In the investigation conducted on January 5, 2001, complainant Edgardo C. Gonzales admitted that he is a jeepney driver while his wife Anna runs a business. They related the events leading to the day of the incident and they described what Leo is like, especially when drunk. They claimed that they have never been involved in any trouble in the subdivision, except during the time that their son was maltreated, contrary to the allegation of Rabanillo. [7] cralaw
Leo B. Rabanillo, during the investigation dated January 8, 2001, claimed that he was the aggrieved party and that he was merely trying to pacify Edgardo Gonzales on the day in question. He denied being a troublemaker. [8] cralaw
In the memorandum-report of Atty. Candelaria she recommended the suspension of Engr. Leo B. Rabanillo for one (1) week without pay, with a warning that a repetition of the same or similar act in the future will be dealt with more severely. [9] cralaw
In its resolution of March 26, 2001 the Court took note of the memorandum and recommendation of Deputy Clerk of Court and Chief Administrative Officer Eden t. Candelaria.
Time and again, this Court has stressed that the conduct and behavior of everyone connected with an office charged with the dispensation of justice is circumscribed with a heavy burden of responsibility. The employee's actions at all times must be characterized by propriety and decorum and must be above suspicion. [10] cralaw (Emphasis supplied) The image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowest of its personnel, hence it becomes the imperative sacred duty of each and everyone in the court to maintain its good name and standing as a true temple of justice. [11] cralaw
WHEREFORE, for conduct unbecoming of an employee of the Judiciary, Engr. Leo B. Rabanillo is hereby suspended for one (1) week without pay. He is further warned that a repetition of the same or similar infractions would be dealt with more severely.
SO ORDERED.
Very truly yours,
(Sgd.) TOMASITA M. DRIS
Clerk of Court
Endnotes:
[1] cralaw Rollo, p. 6.
[2] cralaw Ibid., pp. 105-106.
[3] cralaw Ibid., p. 109.
[4] cralaw Ibid., pp. 110-111.
[5] cralaw Ibid., p. 112.
[6] cralaw Ibid., p. 101.
[7] cralaw Ibid., pp. 22-35.
[8] cralaw Ibid., pp. 37-52.
[9] cralaw Ibid., p. 4.
[10] cralaw Quiroz vs. Orfila, 272 SCRA 324 [1997].
[11] cralaw Dionisio vs. Gilera, 312 SCRA 287 [1999].
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