AM SCc 08 12; (October, 2011) (Digest)

G.R. No.: A.M. No. SCC-08-12 (Formerly OCA I.P.I. No. 08-29-SCC)
Date: October 19, 2011

Case Parties/Title: Office of the Court Administrator, Complainant, vs. Judge Uyag P. Usman, Presiding Judge, Shari’a Circuit Court, Pagadian City, Respondent.

FACTS

This administrative case originated from a letter-complaint dated April 23, 2008, filed with the Office of the Ombudsman (Mindanao), requesting a lifestyle check on respondent Judge Uyag P. Usman. The complaint alleged that Judge Usman, recently appointed, acquired a brand new Kia Sorento SUV worth ₱1,526,000.00, paying a cash down payment of ₱344,200.00 and monthly amortizations of ₱34,844.00. The complainant questioned the judge’s financial capability given his modest take-home pay (due to salary and policy loans from SCSLA and GSIS), his role as sole breadwinner for a family with seven children (two in a private nursing college), and his alleged infrequent attendance at work. The Ombudsman forwarded the complaint to the Office of the Court Administrator (OCA).
In his Comment, Judge Usman explained that the vehicle was a second-hand demo unit, not brand new. He stated his mother, a U.S. Veteran Pensioner receiving a monthly pension of US$1,056.00, persuaded him to avail of a promo, paid the ₱90,000.00 down payment, and covered the monthly installments. He defaulted after four months when his mother’s savings were used for her medicines, leading the bank to foreclose the vehicle. He denied being the sole supporter of all seven children, stating only three elementary-level children were under his care, his mother helped with two college daughters, and two were married and employed. He refuted the absenteeism charges, submitting affidavits from his staff and a community member attesting to his diligence and regular attendance. He also disclosed a current monthly take-home pay exceeding ₱40,000.00, including local government honorarium.
The OCA found the charges of unexplained wealth and absenteeism unsubstantiated by evidence, accepting the judge’s explanations. However, the OCA found Judge Usman liable for failing to file his Statement of Assets, Liabilities and Net Worth (SALN) for the years 2004 to 2008, a violation of Section 8 of Republic Act (R.A.) No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Section 7 of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act). The OCA recommended a fine of ₱10,000.00.

ISSUE

Whether respondent Judge Uyag P. Usman is administratively liable for: (1) acquiring an expensive vehicle disproportionate to his income (unexplained wealth) and for habitual absenteeism; and (2) failing to file his SALNs for the years 2004 to 2008.

RULING

The Court adopted the findings and recommendations of the OCA, with a modification on the penalty.
1. On the charges of unexplained wealth and absenteeism: The Court found the charges NOT SUBSTANTIATED. The evidence presented by Judge Usman, including his detailed explanation and supporting documents, sufficiently proved that his mother financed the vehicle’s down payment and amortizations. The charges regarding his family support and work attendance were also convincingly refuted. Therefore, he was absolved of these charges.
2. On the failure to file SALNs: The Court found Judge Usman GUILTY of violating Section 7 of R.A. No. 3019 and Section 8 of R.A. No. 6713. The law mandates the filing of SALNs upon assumption of office and annually thereafter. Judge Usman failed to file his SALN for five consecutive years (2004-2008) and offered no explanation for this omission. The Court emphasized that the SALN is a crucial tool to promote transparency, curb corruption, and ensure public officials lead modest lives. As a judge, he is held to the highest standards of moral righteousness and compliance with the law.
PENALTY: Considering it was his first offense, albeit spanning five years, the Court imposed a FINE of FIVE THOUSAND PESOS (₱5,000.00) with a STERN WARNING that a repetition of the same or similar act would be dealt with more severely.