Cited Laws
ACCORDINGLY , it is respectfully RECOMMENDED for the consideration of the Honorable Court: 1.) That the instant administrative case be RE-DOCKETED as a regular administrative matter against respondent GERALD ERIC F. SANCHEZ , Clerk III, Regional Trial Court of Cabuyao, Laguna, Branch 108; 2.) That respondent GERALD ERIC F. SANCHEZ , be found GUILTY of Gross Misconduct and be DISMISSED FROM THE SERVICE with prejudice to re-employment in any government agency, including government-owned or controlled corporations, and with forfeiture of retirement benefits, except accrued leave credits; and 3.) That the instant administrative matter be CONSOLIDATED with JIB FPI No. 21-022-P, entitled, "Hon. Arnold R. Martinez, Presiding Judge, Regional Trial Court of Cabuyao City, Laguna, Branch 108 v. Gerald Eric F Sanchez, Clerk III, same court," as the cases involve exactly the same set of facts. [14] The JIB underscored "the fact that Sanchez succeeded in extorting money from the party litigants, and that it was for the purpose of facilitating the release of the accused, no less than the penalty of dismissal is appropriate. [15] A.M. No. P-23-110 [Formerly JIB FPI No. 21-022-P] Complainant Presiding Judge Arnold Rimon Martinez (Judge Martinez) of the RTC wrote then Court Administrator Jose Midas P. Marquez, now Associate Justice of this Court, requesting the conduct of an investigation on Sanchez amid information that he was collecting money from a litigant who had a pending case before the RTC and that he was using the name of the Public Attorney's Office (PAO) for his transactions. In his letter, Judge Martinez sought for the immediate suspension or detail of Sanchez to some other courts. [16] Judge Martinez likewise attached the letter-request [17] of Atty. Errol D. Cabrera, a PAO lawyer previously stationed in the RTC, stating that a court staff acted as a "fixer" or "middleman" and asked money from the litigants in exchange for PAO's representation and speedy disposition of their cases as well as the Sinumpaang Salaysay [18] executed by Felongco, containing the same assertions in her complaint-affidavit in A.M. No. P-23-109. As it happened, the matter was referred to Executive Judge Rosauro Angelito S. David (Executive Judge David) of the RTC of Sta. Rosa, Laguna, for the conduct of a discreet investigation and the submission of a report. [19] In his report, [20] Executive Judge David stated that he tasked his branch sheriff and clerk of court to gather information relative to Sanchez. They interviewed a former branch clerk of court of the RTC and an officemate of Sanchez. As both interviewees had no personal knowledge of the circumstances relating to the purported extortion activities of Sanchez, his officemate narrated an encounter between Judge Martinez and Sanchez On that day, a confrontation took place where [Sanchez] and a certain police officer was called by [Judge] Martinez. Although there was no other court staff who was privy to their conversati