A.M. No. P-11-3017

Ruling

Accordingly, on November 23, 2011, the Court (First Division) adopted the recommendations of Court Administrator Marquez, [19] resulting, among others, in the suspension from office of Aurora. On January 26, 2012, the Castañedas filed a Motion to Lift Order of Suspension and Extension of Time to File Comment dated January 24, 2012, [20] averring that the criminal charges against Aurora (Criminal Case No. Q-09-160994 and Criminal Case No. Q-09-160995) had been dismissed on February 16, 2011 by Judge Santos of Branch 222; [21] that such dismissal had weakened the prima facie evidence against Aurora, and removed the basis of her suspension from office; and that they should be granted an extension of 10 days within which to file their comment to enable them to first obtain a copy of the anonymous complaint dated November 8, 2009 because no such copy had been attached to the resolution dated November 23, 2011. On February 15, 2012, the Court referred the respondents Motion to Lift Order of Suspension and Extension of Time to File Comment to the OCA for evaluation and recommendation. [22] On March 5, 2012, the OCA received Judge Santos letter of January 27, 2012 as his compliance with the resolution dated November 23, 2011 directing him to apprise the Court on the status of the criminal charges against Aurora, whereby Judge Santos confirmed the quashal through the order dated February 16, 2011 of the informations against Aurora upon her motion. On March 7, 2012, the Castañedas finally submitted their Comment , [23] whereby they reiterated that the criminal cases against Aurora had already been dismissed on February 16, 2011; that the quashal of the informations and the dismissal of the criminal cases negated the accusations hurled against them, particularly Aurora; that the dismissal of the criminal cases only proved that the complaint had been only the product of a malicious, ill-motivated, biased and unscrupulous mind; that the complaint was hearsay in character and devoid of any probable ground of their having engaged in illegal practices or activities that had put the reputation of the Judiciary at risk; and that, consequently: (a) the administrative case against them be dismissed; (b) the suspension from office imposed on Aurora be lifted; and (c) the salaries and benefits due to Aurora be restored, reckoned from the first day of her suspension. On November 26, 2012, however, Court Administrator Marquez recommended to the Court, [24] as follows: (1) The instant administrative case against Aurora C. Castañeda, Clerk III, Branch 224 and Lorenzo O. Castañeda, Sheriff IV, Branch 96, both of the RTC, Quezon City be REFERRED to the Executive Judge of the RTC, Quezon City, for investigation, report and recommendation within sixty (60) days from receipt of the records; and (2) The Motion to Lift Order of Suspension filed by Aurora C. Castañeda be DENIED . In due course, Quezon City RTC Executive Judge Fernando T. Sagun, Jr. investigated the Castañedas,