A.M. No. RTJ-98-1402 - ONOFRE A. VILLALUZ, COMPLAINANT, VS. JUDGE PRISCILLA

Ruling

WHEREFORE, it is most respectfully recommended that JUDGE PRISCILLA C. MIJARES be found guilty of grave misconduct under Charges No. 1 and No. 2, and that she be DISMISSED from the service with forfeiture of all leave credits and retirement benefits and privileges, and with prejudice to reinstatement in any branch of the Government service, whether pertaining to the national or local Government, including government-owned and/or controlled corporations, instrumentalities and agencies. [6] It is regrettable that the instant case be clothed in so much personal enmity. However, shorn of its emotional trappings, the Court concurs with the report of Justice Valdez but finds the recommended penalty of dismissal from service to be too severe. We shall deal with the imputed misdeeds in seriatim . I Reproduced hereunder are the testimonies and evidence adduced by the parties regarding the first charge as succinctly summarized by Justice Valdez in his Report and Recommendation: The parties agreed to the reproduction of the testimony of Anita Domingo in the earlier administrative complaint initiated by Joseph S. Ligorio Naval, Jr. Anita Domingo had therein testified that she used to be the court officer-in-charge and property custodian of Judge Mijares of Branch 108 of the Regional Trial Court of Pasay City. She declared that in the consignation case in their court involving the Tengco Homeowners Association, the petitioners offered to deposit with her office the rentals falling due but she referred them to the Clerk of Court because she was not tasked with receiving such deposits. However, the Clerk of Court refused to receive the rental deposits since there was no order to that effect from the presiding judge. Thereafter, Judge Mijares gave instruction to her (Anita Domingo), and to other employees in her Branch, like Mrs. Gatdula and Mrs. Villamater, to receive and receipt for the rental deposits, and turn over the money to her (Judge Mijares). Once deposits were thus made, they were given to Judge Mijares who, in turn, asked Mrs. Villamater to deposit them, in her (Judge Mijares') personal account with the United Coconut Planters Bank, Holiday Plaza Branch. Anita Domingo claimed that on February 14, 1990, the rental deposits accumulated in the aggregate amount of P 222,377.18. Judge Mijares turned over the amount to the Clerk of Court in the form of a check, which the latter, then deposited with the City Treasurer of Pasay City. In this connection, the complainant presented in evidence these documents, to wit: Exhibit E Official Receipt No. 1204413, dated February 14, 1990, issued by the Clerk of Court, RTC, Pasay City, for the payment of P 222,377.18 in the form of UCPB Check No. FB-11-014578 dated 2-14-90 (Exhibits E-1 and E-2). F Report of Collections for Fiduciary Fund Deposited with the City Treasurer, Pasay City for the Period from February 13 & 14, 1990 which includes the P 222,377.18 (Exhibit E-1). G Cashier/Treasurers Rep