G.R. No. A.M. No. P-23-077 (Formerly OCA IPI No. 20-5026-P). January 30, 2024.
Danilo D. Divinagracia, Complainant, vs. Michael Vincent L. Ozon, Clerk III, Branch 1, Regional Trial Court, Butuan City, Agusan del Norte, Respondent.

FACTS

Complainant Danilo D. Divinagracia, using a nom de plume, charged respondent Michael Vincent L. Ozon, Clerk III of the RTC, Branch 1, Butuan City, with Gross Misconduct and violation of Republic Act No. 6713 . Complainant alleged that respondent asked for PHP 25,000.00 for the release of a certificate of finality in his nullity of marriage case and cited respondent’s prior employment at the DPWH where “under-the-table” practices were common. The Office of the Court Administrator referred the matter for discreet investigation. In his explanation, respondent denied the accusations, stating the Branch Clerk of Court released certificates and that his familial relation to a judge was beyond the prohibited degree of nepotism. The Branch Clerk of Court, Atty. Joan B. Alabat-Torralba, commented that she had heard of respondent’s illegal involvement, that he had delayed a certificate for a lawyer who refused to pay, that he accepted PHP 500.00 from a litigant, and that he offered to expedite service of decisions to the Office of the Solicitor General for PHP 5,000.00 via private courier instead of registered mail. She also cited his poor work performance. The investigation obtained sworn affidavits from two confidential affiants. Affiant 1, a law firm secretary, stated she personally gave respondent PHP 5,000.00 for each of 10 specific nullity of marriage cases from 2017 to 2020 for expedited service. Affiant 2, a petitioner in a nullity case, stated respondent offered to expedite her certificate for PHP 5,000.00. The Executive Judge found substantial evidence of gross misconduct. The OCA directed respondent to file a Comment; he requested and was granted an extension but never filed one. The Judicial Integrity Board found respondent guilty of Gross Misconduct for corruptly soliciting money in exchange for expediting court processes.

ISSUE

Whether respondent Michael Vincent L. Ozon is guilty of Gross Misconduct.

RULING

Yes, respondent is guilty of Gross Misconduct. The Court found the allegations substantiated by substantial evidence, including the detailed and corroborated sworn statements of the Branch Clerk of Court and the two confidential affiants, which respondent failed to rebut despite opportunity. His actions of soliciting money in exchange for expediting the service of decisions and release of certificates of finality constitute a severe form of corruption that undermines the integrity of the judiciary. Such acts are a flagrant violation of the Code of Conduct for Court Personnel and Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). Gross Misconduct is a serious charge under Rule 140 of the Rules of Court. Accordingly, the Court imposed the penalty of DISMISSAL FROM SERVICE with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to re-employment in any government agency or instrumentality.