A.M. No. P-18-3850

Ruling

accordingly charged with direct bribery. The case was docketed as Criminal Case No. 19-072-MAL and currently pending before Branch 293, RTC of Malabon City. [7] Proceedings before this Court In a Resolution [8] dated 20 June 2018, this Court resolved to treat Judge Batara's letter as a formal administrative complaint, and ordered respondent to comment. This Court also placed her under preventive suspension. For her part, respondent submitted her Comment, [9] attaching thereto the Kontra-Salaysay [10] and Rejoinder-Affidavit [11] she presented during the preliminary investigation. She denied Tablante's allegations [12] and emphasized that the charge for robbery (extortion) was dismissed. She explained that she was merely helping Tablante find a lawyer for her brother's case. [13] Respondent maintained that complainant forced the money upon her when they met on 09 March 2018. [14] To corroborate her claim, she attached the affidavit [15] of one Giovanni Narciso. She also insisted that Judge Batara was behind the entrapment operation and he solicited Tablante's help in exchange for her brother's acquittal. [16] In her Rejoinder-Affidavit, respondent further claimed that there is no proof that she demanded money from Tablante. [17] She also contended that there is no evidence that she received the Php50,000.00 since the entrapment money was not dusted with fluorescent powder, and no video footage was presented showing the same. [18] Report and Recommendation of the OCA The OCA submitted its Report and Recommendation [19] dated 16 July 2019, recommending that respondent be held liable for grave misconduct, dishonesty, and conduct prejudicial to the best interest of service, and be dismissed from service with forfeiture of her retirement and other benefits. It noted that respondent did not deny she was with Tablante in the afternoon of 09 March 2018, [20] and acted inappropriately as the meeting was done outside of the office during office hours. Likewise, it did not find meritorious respondent's explanation that she was merely helping Tablante find a lawyer as it undermines people's trust in the judiciary. [21] The OCA found that contrary to respondent's claim, there was proof she received the money from Tablante. Indeed, the OCP's Resolutions and affidavits of the arresting officers uniformly stated that respondent demanded and received Php50,000.00 from Tablante. [22] Respondent's attempt to discredit Tablante and Judge Batara was also brushed aside by the OCA. Respondent failed to substantiate her allegation that Judge Batara set her up to be arrested. [23] likewise, the OCA held that respondent failed to prove ill motives on the part of the police officers and the OCP for their adverse statements against her. Issue For this Court's resolution is whether or not respondent is guilty of grave misconduct, dishonesty and conduct prejudicial to the best interest of the service. Ruling of the Court This Court fully agrees with the OCA's recommendation. T