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Administrative Matter OCA IPI No. 05-2177-P. April 5, 2006]

GODOFREDO EUGALCA vs. ATTY. DINNA M. LAO, CLERK OF COURT, METROPOLITAN TRIAL COURT, MAKATI CITY

Third Division

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated APR. 5, 2006

Administrative Matter OCA IPI No. 05-2177-P (Godofredo Eugalca vs. Atty. Dinna M. Lao, Clerk of Court, Metropolitan Trial Court, Makati City)

In a verified complaint dated April 7, 2005, Godofredo Eugalca charged Atty. Dinna M. Lao with abuse of authority and conduct unbecoming of a member of the bar and the judiciary. The complaint stemmed from a traffic altercation between complainant Eugalca and respondent Lao which occurred on March 7, 2005 along the Alabang-Zapote Road. Complainant, accompanied by fellow employee Gilbert Ibe, was then driving a yellow Suzuki Multi Cab with plate number GTV-339 heading south toward the JGC Building, Madrigal Business Park, Alabang, Muntinlupa. Complainant Eugalca was under the employ of Spouses Enzo and Alessandra Squillantini, the owners of the Suzuki being driven by complainant.

Respondent Lao was driving a Honda City bearing plate number XPZ-386 and negotiating the stretch of Concha Cruz Drive which was perpendicular to the Alabang-Zapote Road. At that time, respondent Lao's son was sitting at the front passenger side of the car.

A collision between complainant's Suzuki Multi Cab and respondent's Honda City occurred when respondent turned left from Concha Cruz Drive to the Alabang-Zapote Road. The front right bumper of respondent's car collided with the left passenger door of complainant's vehicle. According to complainant, respondent Lao alighted from her car and berated complainant, shouting angrily, "Binangga mo ako! Di mo ako pinagbigyan. Mamatay ka em>sana . Makarma ka. Mamatay na ang mga anak mo, di mo mababayaran ang damage sa kotse ko ng mga P100,000.00!" Respondent also allegedly bragged about being a lawyer working in the Supreme Court and about an upcoming promotion.

Respondent allegedly demanded for complainant's driver's license. Realizing that complainant left his driver's license at his lodging place, he requested Ibe to go back and get his license. Upon learning about this, respondent allegedly became more irritated and then demanded the removal of the front number plate of the Suzuki. Complainant also claimed that after he removed the number plate of the Suzuki, respondent further ordered him to move the Suzuki aside. However, according to complainant, he saw respondent moving her vehicle and thought that she was leaving the scene of the incident without leaving complainant any of her personal details. Thus, complainant followed her and opened the front passenger door of the car to ask for respondent's personal information. Respondent allegedly screamed, "Wag diyan !" prompting complainant to close the door and follow the car on foot until respondent drove the car to the side of the road. Complainant followed suit and parked the Suzuki to the side of the road. Thereafter, respondent again berated him, allegedly saying, "Halika , tingnan mo ang damage ng sasakyan ko! Malaking damage ito! Sige, pauwi na ako. Tatawagan kita bukas para ipaalam kung magkano ang damage." According to complainant, before they parted ways, respondent abrasively gave her name and mobile phone number.

In her comment, respondent Lao presented a different version of what transpired after the collision. Respondent claimed that it was complainant who alighted from his vehicle with all force and aggressively pointed an accusing finger at her. She denied bragging about her position, claiming that she merely identified herself in order to forestall possible physical harm in view of complainant's aggressive demeanor. She also denied uttering the aforequoted remarks but instead admonished complainant saying, "Makakamatay ka sa pagmamadali mo, wala ka pa palang driver's license, pasahero ko ang anak ko, e kung makarma ka at mangyari sayo ito." When complainant failed to show his driver's license or any form of identification including a copy of the Suzuki's certificate of registration, respondent requested complainant to look for a police officer or to proceed to the nearest police station. Instead, complainant voluntarily offered to give respondent the front number plate of the Suzuki as an acknowledgement of his fault and proof that the Suzuki was not a "hot car." Respondent also accused complainant of opening the front passenger door for no apparent reason before departing from the scene of the incident.

Respondent Lao also claimed that instead of offering a settlement, a certain Atty. Tranquil Salvador, counsel for Spouses Squillantini, called respondent to talk her into submitting to the demands of his clients. Atty. Salvador described respondent's allegations as concocted and utterly false. Atty. Salvador maintained that he pleaded with respondent for the return of the Suzuki's number plate but respondent declared that she would return the number plate upon satisfaction of her insurance participation in the amount of P5,000.00. Respondent admitted having surrendered the number plate to the Las PiƱas police station on March 29, 2005.

The Office of the Court Administrator (OCA) recommended that the case be re-docketed as a regular administrative matter and respondent Lao be admonished for not immediately returning the number plate. The OCA gave little weight to complainant's allegations of threatening and abusive conduct on the part of respondent. The OCA explained:

Complainant's allegation that respondent berated him after they both have alighted from their respective vehicles does not inspire belief. For one, it is against human nature that a woman, with a 4 year old son with her seated at the front passenger side of the car, would provoke a man to do something untoward against her person and/or her son considering the time and place where the vehicular accident occurred. Moreover, the allegation of the complainant was uncorroborated. Complainant was with his co-employee, Gilbert Ibe but the latter's affidavit was not submitted to corroborate the former's allegation, although in filing the instant complaint he was assisted by a lawyer who even went out of his way by filing a REPLY to respondent's comment.

x x x x

The assertion of the complainant that respondent bragged that her promotion to a higher position is forthcoming deserves scant consideration. Respondent could not have boasted that she was due for promotion because she has not applied for it.

x x x x

x x x Respondent's reaction (sic) in the face of the perceived aggressiveness shown by complainant was normal as a defense mechanism to discourage the latter from making or even thinking of doing some mischief. It was a natural reaction (sic) of a mother, whether she is a court employee or not, and introducing herself as a lawyer and showing her I.D. as proof thereof is not immoral or illegal.

x x x x

The only fault of the respondent was that in her desire to pass the owner's participation in the repair of the damaged portion of her car to complainant, she did not immediately return the license plate upon demand. But, any person whose car is damaged in a vehicular accident due to the reckless imprudence of another would also do the same, that is ask for reimbursement of expenses he/she may incur. [1] cralaw

The Court adopts the recommendation of the OCA.

It must be stressed that in administrative proceedings, the quantum of proof required to establish a respondent's malfeasance is not proof beyond reasonable doubt but substantial evidence, i.e., that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. More importantly, in administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint. [2] cralaw

Complainant's allegations are self-serving and deserve scant consideration. Other than his uncorroborated statements, complainant did not present any other evidence to support his accusation that respondent exhibited abrasive conduct and indeed uttered disrespectful and abusive remarks. The Court finds it odd that while complainant was accompanied by a fellow employee, the latter's sworn statement was not likewise submitted to corroborate complainant's allegations. The Court notes that complainant committed a clear violation of a traffic regulation in not carrying a driver's license when the traffic accident happened. Complainant's credibility is doubtful as shifting the blame on respondent may be a way of minimizing his fault or explaining away his conduct. Complainant has failed to overcome the burden of proving by substantial evidence that respondent committed the alleged acts and uttered the aforequoted remarks.

This notwithstanding, respondent is not completely absolved of the charges against her. Respondent did not deny having taken the license plate of complainant's vehicle to compel complainant to answer for the damage to her car. Respondent should have availed of the proper remedy by reporting complainant's traffic violation to the police authorities or filing the appropriate judicial action to recover her claim for damages. For this conduct which does not befit that of an officer of a court of justice, respondent deserves admonition since this is respondent's first offense. It should be enough to simply impress upon or remind respondent, and everyone else in the judiciary, to be always mindful of the fact that the image of the court is dependent on the conduct of the men and women, from the judge to the last of its employees, who work thereat. Each of us is called upon to act with utmost circumspection, for any misbehavior, whether true or only perceived, on the part of court personnel would most certainly reflect never too kindly on the judiciary. [3] cralaw

The conduct required of court personnel must always be beyond reproach and circumscribed with the heavy burden of responsibility. The image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work therein, from the judge to the lowest of its personnel; hence, it becomes the imperative and sacred duty of each and everyone in the court to maintain its good name and standing as a true temple of justice. [4] cralaw

WHEREFORE, the administrative complaint against respondent Atty. Dinna M. Lao is hereby DISMISSED for lack of merit. Atty. Lao, however, is ADMONISHED for not having been more circumspect in her actuation than heretofore shown.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court


Endnotes:

[1] cralaw Rollo , pp. 66-67.

[2] cralaw Atty. Crisologo-Lara v. Judge Maceda , A.M. No. RTJ-04-1882, October 14, 2004, 440 SCRA 289, 314.

[3] cralaw Racca v. Baculi , 455 Phil. 920, 925 (2003).

[4] cralaw Gabriel v. Atty. Abella , 450 Phil. 14, 21 (2003).


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