AM RTJ 06 1974; (July, 2007) (Digest)
A.M. No. RTJ-06-1974; July 26, 2007
Carmen P. Edaño, Complainant, vs. Judge Fatima G. Asdala, RTC Br. 87, Quezon City, and Stenographer Myrla Del Pilar Nicandro, RTC Br. 217, Quezon City, Respondents.
FACTS
Complainant Carmen P. Edaño filed an administrative complaint against Judge Fatima G. Asdala and Stenographer Myrla Nicandro. The complaint stemmed from a civil case for support filed by Edaño against George Butler. After Butler was found guilty of indirect contempt for non-compliance with a support order, Judge Asdala sentenced him to imprisonment and a fine. Subsequently, Judge Asdala privately met with Butler in her chambers without notice to Edaño or her counsel. Following this ex parte meeting, the Judge issued orders recalling the bench warrant, reducing the fine, and setting aside the imprisonment. Edaño also alleged that Judge Asdala forced her to file a complaint against her own counsel and gave her money for her silence. Against Nicandro, Edaño alleged she misrepresented herself as an Officer-in-Charge/Branch Clerk of Court without proper designation and improperly deducted money from funds intended for Edaño.
ISSUE
Whether respondents Judge Fatima G. Asdala and Stenographer Myrla Nicandro are administratively liable for their actions in relation to the handling of the civil case and their official conduct.
RULING
Yes, both respondents are administratively liable. The Supreme Court found Judge Asdala guilty of gross misconduct and conduct unbecoming a judge. Her act of privately meeting with a party-litigant (Butler) ex parte to discuss a pending contempt order, and subsequently modifying the penalty without a hearing or notice to the opposing party, constituted a blatant violation of the Code of Judicial Conduct. This conduct undermined the integrity of judicial proceedings and created an appearance of impropriety. While judges have discretion, it must be exercised judiciously and in accordance with due process. Her actions demonstrated a lack of fairness and impartiality. Considering her previous administrative sanctions, the Court imposed the penalty of dismissal from service with forfeiture of all benefits, except accrued leave credits, and with prejudice to re-employment.
Regarding Stenographer Nicandro, the Court found her guilty of simple misconduct and conduct prejudicial to the best interest of the service. She improperly discharged the functions of an OIC/Branch Clerk of Court without the required approval from the Office of the Court Administrator, in violation of administrative circulars. Her act of transacting with party-litigants regarding monetary matters was also improper for a court staff member. The Court suspended her for sixty days without pay and reprimanded her, with a warning against repetition. She was also ordered to cease representing herself as an OIC.