AM P 06 2143; (June, 2008) (Digest)
A.M. No. P-06-2143. June 12, 2008. RE: ANONYMOUS LETTER-COMPLAINT AGAINST JESUSA SUSANA CARDOZO, Clerk III, Regional Trial Court, Branch 44, Dagupan City.
FACTS
An anonymous complaint charged respondent Jesusa Susana Cardozo, a Clerk III, with disgraceful and immoral conduct and possession of ill-gotten wealth. The complainant alleged she was engaged in an illicit relationship with a married man, Mr. Beltran, with whom she was cohabiting, and that she used the names of judges to extort money from litigants. The complainant also questioned how she could afford to build a house and buy jewelry on her salary. The Office of the Court Administrator (OCA) ordered a discreet investigation.
The investigation team confirmed that respondent, though legally married to a man abroad, was cohabiting with Mr. Beltran, a married retiree. Her petition for annulment had been reversed by the Court of Appeals, leaving her marriage legally subsisting. The team found the house was constructed on her mother’s lot using Mr. Beltran’s retirement benefits. No properties were registered in her name, and she presented herself modestly. The team concluded there was basis for the immorality charge but no evidence for ill-gotten wealth.
ISSUE
Whether respondent is guilty of the administrative charges of disgraceful and immoral conduct and possession of ill-gotten wealth.
RULING
Yes, respondent is guilty of disgraceful and immoral conduct but not of possessing ill-gotten wealth. The Court found no sufficient basis for the charge of unexplained wealth. The investigation revealed no properties registered in her name, her residence was on her mother’s lot, and the construction was funded by Mr. Beltran’s benefits. Her modest appearance further negated the allegation.
However, the Court affirmed the finding of immorality. Substantial evidence, per the investigation report, established that respondent, a married woman whose marriage had not been legally dissolved, was in an illicit relationship with a married man. Engaging in such a relationship constitutes disgraceful and immoral conduct, a grave offense under the Uniform Rules on Administrative Cases in the Civil Service. As a court employee, respondent is held to the highest standards of conduct, as her behavior reflects on the judiciary’s integrity. Her actions failed to uphold the propriety and decorum required to maintain public respect for the courts.
WHEREFORE, respondent is found GUILTY of Disgraceful and Immoral Conduct and is SUSPENDED for six months and one day without pay. She is STERNLY WARNED that a repetition will be dealt with more severely.
