Sabado, Oktubre 27, 2012

Anna Jane Lihaylihay v Judge Alejandro Canda


ANNA JANE D. LIHAYLIHAY,                         A.M. No. MTJ-06-1659
Clerk III, Regional Trial Court,
Branch 28, Liloy, Zamboanga
del Norte,
                                   Complainant,


                   - versus -


JUDGE ALEJANDRO T. CANDA,
Municipal Circuit Trial Court,
Liloy-Tampilisan, Zamboanga del Norte,
                              Respondent.


Facts:  On 25 February 2005, one Camilo Bandivas retired from service as Sheriff IV. Lihaylihay alleged that Judge Canda asked Process Server Emmanuel Tenefracia to apply for the position. A certain Jesus V. Alimpolo also applied for the same position. Judge Canda was of the impression that Lihaylihay was assisting Alimpolo in his application and so he sent an SMS to the latter saying, “Maayo tingali modistansya ka anang mga tawhana kay basin masabit kapakiusap lang ni.”  Taking the text message as a threat, Lihaylihay reported it to the police and requested that a blotter entry be made.  On 6 January 2006, Judge Canda sent another text message stating, “For maliciously causing it to appear as threatening in the police blotter of what is otherwise a very harmless text message of appeal I consider the same as declaration of war, don’t worry you will have your owned [sic] fair share of trouble in due time.
Judge Canda accused Lihaylihay with violation of reasonable office rules and regulations. He also caused the publication of the letter to the desk editor of the Mindanao Observer and asked that it be published in the newspaper.
Lihaylihay denied the allegations of Judge Canda. She also filed a complaint against Judge Canda or sexual harassment alleging that he sent text message to Lihaylihay that were malicious. Deciding on lihaylihay’s case, the Court admonished Lihaylihay for her irresponsible behavior. The Court in judging the complaint against Judge Canda stated that he is liable for gross misconduct.
Issue: Whether or not Judge Canda should be liable for gross misconduct?

Held: Judge Canda harassed and publicly humiliated Lihaylihay: (1) he asked her to stay away from Alimpolo; (2) when she reported the matter to the police, he took it as a “declaration of war” and warned her that she will have her “fair share of trouble in due time”; (3) indeed, three days after sending the threatening text message, he filed a complaint with Judge Tomarong accusing her of several things, asking that she be disciplined and removed from the service, and describing her as a “GRO,” “undignified,”     a “whore,” “disgusting,” “repulsive,” and “pakialamera”; (4) two days after filing the first complaint, he filed another complaint accusing her of violating office rules and describing her as “offensive,” “demeaning,” “inappropriate,” a “GRO,” “undignified,” “repulsive,” and a “whore”;       (5) still unsatisfied, he had his second complaint published in the newspaper; and (6) when she published her comment in the newspaper, he filed a criminal case for libel against her.   

         Section 1, Canon 2 of the New Code of Judicial Conduct for the Philippine Judiciary states that “Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.”  Section 2, Canon 2 of the Code states that “The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the judiciary.”  Section 2, Canon 4 of the Code states that “As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.  In particular,judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.”  Section 6, Canon 4 of the Code states that “Judges, like any other citizen, are entitled to freedom of expression x x x, but in exercising such [right], they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office.”  Section 6, Canon 6 of the Code states that “Judges shall x x x be x x x dignified and courteous.”  Judge Canda violated these provisions.
               
                Section 8, Rule 140 of the Rules of Court classifies gross misconduct constituting violations of the Code of Judicial Conduct as a serious offense.  It is punishable by (1) dismissal from the service, forfeiture of benefits, and disqualification from reinstatement to any public office; (2) suspension from office without salary and other benefits for more than three months but not exceeding six months; or (3) a fine of more than P20,000 but not exceeding P40,000.

         The Court notes that this is Judge Canda’s second offense.  In Barbarona v. Judge Canda] the Court fined him for violation of Circular No. 1-90 and warned him that the repetition of similar acts would be dealt with more severely.  Considering the gravity of Judge Canda’s offense and the fact that this is his second offense, the Court fines him P40,000. 

         The charges that Judge Canda sent Lihaylihay indecent text messages and that he failed to pay the required legal fees are unsubstantiated, thus, they must be dismissed.  In administrative proceedings, the complainant has the burden of proving, by substantial evidence or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, the allegations in the complaint.  The Court cannot rely on mere conjectures or suppositions 



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