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[A.M. OCA IPI No. 03-1681.� January 12, 2005]

SIMANDO vs. DIZA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 12 2005 .

A.M. OCA IPI No. 03-1681-P (Mayor Edmundo L. Simando vs. Patricia B. Diza, Interpreter, Mtc, Garchitorena, Camarines Sur.)

For consideration is the Investigation Report dated 3 September 2004 on the administrative matter submitted by Acting Presiding Judge Dominador A. Agor, Municipal Trial Court (MTC), Buhi, Camarines Sur, in compliance with the resolution dated 14 June 2004.

In a verified Manifestation dated 9 October 2002, Mayor Edmundo L. Simando of Garchitorena, Camarines Sur, alleged that Patricia B. Diza, Interpreter of MTC-Garchitorena, Camarines Sur, engaged in partisan political activities which called for the imposition of disciplinary action by this Court.� It was averred that respondent had openly campaigned for her niece in the Sangguniang Kabataan (SK) elections on 18 August 2002 and had even resorted to vote-buying, evidenced by the Sworn Statement executed by one Dionesia Payong, the mother of SK Chairman Ernesto Payong, Jr. of Garchitorena, Camarines Sur.� Respondent was required to comment on these allegations.� In her Letter-Commentdated 30 August 2002,, respondent vehemently denied all the allegations, claiming that the accusations were a form of political harassment by complainant who is said to be a political rival of respondent's family.

On 26 January 2004, the Court referred the complaint to Judge Armando B. Reyta of MTC, Garchitorena, Camarines Sur, for investigation, report and recommendation.� However, Judge Reyta sought to inhibit himself, as the respondent is a close friend of his.� Hence, the case was referred to Judge Dominador A. Agor of MTC, Buhi, Camarines Sur.

On 5 May 2004, complainant moved to withdraw the instant administrative complaint "for the sake of reconciliation and in the interest of harmonious relationship between the parties."

During his investigation, Judge Agor found that there had been no complaints reported against respondent before the Philippine National Police of Garchitorena, Camarines Sur nor the Election Officer of Garchitorena, Camarines Sur or the Commission on Elections.� When interviewed, the barangay officials concerned stated that they did not see, nor were they even aware of, any partisan political activity or vote-buying involving respondent.� Dionesia Payong, the executor of the Sworn Statement attesting to the alleged vote-buying, admitted accomplishing the affidavit but explained that she was only constrained to execute the same to accommodate the complainant and because she was angry at respondent's family who brought her son to Naga City where the latter got sick.� Dionesia Payong subsequently submitted a Clarificatory Affidavit dated 25 August 2004 to the Investigating Judge, retracting her previous statements and clarifying that it was respondent's sister, not respondent herself, who went to their house and left the money.� SK Chairman Ernesto Payong, Jr. also executed on 17 August 2002 an affidavit stating that his trip to Naga City with respondent's niece and other SK Chairpersons was voluntary and not for any promise of money or any other from of consideration.� Other SK Chairpersons also executed affidavits with the same tenor.

Based on his findings, the Investigating Judge has recommended the dismissal of the complaint against respondent for insufficiency of evidence.� Complainant's accusations against respondent are belied by the affidavits of Ernesto Payong, Jr. and the other SK Chairpersons, as well as by explanations made by Dionesia Payong.� The Investigating Judge is of the opinion that the preponderance of evidence is in favor of respondent.

Finding the recommendation to be in accord with the law and facts of the case on record, the same is APPROVED.� The administrative complaint against Patricia B. Diza, Interpreter, MTC-Garchitorena, Camarines Sur, is DISMISSED for insufficiency of evidence.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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