A.M. No. RTJ-07-2053 (Formerly OCA IPI No. 05-2171-RTJ) - LILIA C. RAGA, COMPLAINANT, VS. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 28, CATBALOGAN, SAMAR.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, per Resolution dated March 3, 2008, the Court referred the instant case to Court of Appeals Justice Celia C. Leagogo for investigation, report and recommendation. [8] A hearing was conducted on May 15, 2008 and complainant presented the 1 st Indorsement dated September 7, 2001 signed by Atty. Escobar; respondent's certificate of service for September 1 to 30, 2001; and constancias dated September 21, 2007 issued by Atty. Escobar in Crim. Case Nos. 5035, 3618, 4619, 4859, 4653, 5012 and 4909. [9] Complainant also filed her Memorandum and respondent filed his own Memorandum and Addendum, reiterating their respective arguments. [10] Justice Leagogo, agreeing with the OCA, found that complainant was able to prove by substantial evidence that respondent made untruthful statements in his certificate of service for September 2001; [11] the certificate states that respondent did not incur any absence for September 2001; the 1 st Indorsement dated September 7, 2001 signed by Atty. Escobar clearly states however that the application for bailbond in Crim. Case Nos. 5199 and 5200 were being forwarded to Judge Cinco of Branch 29 in view of the absence of herein respondent that day; the constancia dated September 21, 2001 in Crim. Case No. 5035, signed by Atty. Escobar also explicitly stated that respondent was absent on said date; Atty. Escobar would not have issued the seven constancias on September 21, 2001 if respondent were actually present, because he would then have been the one to sign the order; respondent admitted the existence of complainant's exhibits and failed to adduce countervailing proof of the validity and authenticity of the same; while respondent claims that the certificate of service was a forgery, all that he could present to support such claim was a photocopy of a letter from then Deputy Court Administrator Jose P. Perez dated May 7, 2008 stating that certificates of service from 1990 to 2003 of all lower court officials were already disposed of; the certificate of service of respondent for September 2001 is a certified true copy of the original with the dry seal of the Office of the Clerk of Court, RTC Catbalogan, Samar and signed by its Clerk of Court Atty. Ma. Luz Lampasa-Pabilona; Supreme Court Chief Judicial Staff Officer, Leave Division of the OCA, Hermogena F. Bayani, also issued a Certification dated May 18, 2005 stating that the records of their office show that respondent did not incur any leave of absence in September 2001; even if the credibility of complainant is questionable, still the documents presented are more than ample proof of the failure of respondent to reflect in his certificate of service for September 2001 his absences on September 7 and 21, 2001; respondent cannot use the alleged inefficiency and antagonistic attitude of complainant towards him as a defense; the Code of Judicial Conduct requires a judge to organize and supervise the court personnel to ensure the prompt and efficient dispatch of bus