Cited Laws
Accordingly, Judge Navarrete recommended that Judge Delos Santos be meted a fine equivalent to her one month salary for her unauthorized notarization of private documents, and another fine in the amount of PHP 20,000.00 for her intemperate language and lack of restraint, with admonition and warning against future infractions. [44] OCA Recommendation After evaluating the parties' respective positions, the Office of the Court Administrator (OCA) issued separate memoranda for the complaints filed by Cartilla [45] and Olivar. [46] In the memorandum concerning Cartilla's Complaint, the OCA agreed with the finding that Judge Delos Santos violated Supreme Court Circular No. 1-90, [47] which prohibits first-level court judges from notarizing private documents unrelated to their judicial duties. [48] By way of exception, Circular No. 1-90 provides that a municipal trial court judge may perform any act within the competency of a regular notary public, provided a certification attesting to the lack of any lawyer or notary public in such municipality is made. [49] Judge Delos Santos was found to have breached Circular No. 1-90 in two ways: first , by notarizing 11 private documents unrelated to her official duties as presiding judge; and second , by failing to execute a certification attesting to the lack of a notary public in Dalaguete, Cebu. [50] The allegations were supported by copies of the notarized documents submitted into evidence, along with Judge Delos Santos's own admission during the hearing that she had notarized them. [51] Her defensethat she acted in good faith and was merely following the precedent set by her predecessorwas ultimately rejected by the OCA. [52] The OCA likewise determined that Judge Delos Santos should be held liable for her unprofessional behavior in dealing with her staff and her failure to maintain order and decorum in the courtroom. [53] Instead of exercising restraint, she actively participated in her ongoing dispute with Cartilla and Olivar. [54] In this regard, and taking into account Judge Delos Santos's previous reprimand in OCA IPI No. 16-2843-MTJ and admonition in OCA IPI No. 3-31-03, the OCA recommended that she be found guilty of gross ignorance of the law and meted with the penalty of suspension from office without salary and other benefits for four months. [55] It was likewise recommended that she be held liable for impropriety and fined in the amount of PHP 10,000.00. [56] Anent Olivar's Complaint, the OCA concurred with Judge Navarrete that the charges of corruption and nepotism against Judge Delos Santos remained unsubstantiated. [57] Meanwhile, questions concerning the propriety of the unsatisfactory performance rating she issued, as well as her contempt order, are currently under review. One is on appeal before the PERC-LC, and the other is the subject of a pending petition for certiorari . [58] However, contrary to the findings of Judge Navarrete, the OCA recommended that Judge Delos Santos be held admin