A.M. No. P-108 September 26, 1973
Antonio S. Gonzales, Leon Aureus and Ramon Tolaram, complainants, vs. Ignacio D. Almodovar and Vicente Ramirez, respondents.

FACTS

Complainants, publishers of newspapers in Naga and Legaspi Cities, filed an administrative case against Atty. Ignacio D. Almodovar, Clerk of Court and ex-officio Provincial Sheriff, and his deputy, Vicente Ramirez, of the Court of First Instance of Albay. The charges were for violation of Republic Act No. 4569, which mandates the raffle of judicial publication notices among qualified newspapers, and for demanding and receiving kickbacks on publication fees. Specifically, complainants alleged that in mid-1968, respondents caused the publication of three notices of extra-judicial foreclosure sales in The Bicol Star without conducting the required raffle and without notifying other qualified publishers. Complainant Gonzales further alleged that on two separate occasions, respondent Ramirez received improper cuts or kickbacks from publication fees, detailing specific transactions involving checks and delayed payments.
During the investigation by the Executive District Judge, complainants testified to the lack of raffles for the specified publications. Respondent Ramirez denied soliciting kickbacks, offering explanations that the amounts received were for legitimate reasons, such as cashing a check for Gonzales. He also defended the direct award to The Bicol Star by claiming the petitioning banks, PNB and DBP, had expressed a preference for that newspaper. Respondent Almodovar denied direct involvement, stating he was unaware of the actions until later and had called Ramirez for an explanation.

ISSUE

Whether respondents are administratively liable for the alleged violations of Republic Act No. 4569 and for corrupt practices involving kickbacks on publication fees.

RULING

The Supreme Court found respondent Vicente Ramirez administratively liable for violation of Republic Act No. 4569 but exonerated him and respondent Ignacio D. Almodovar on the charge of receiving kickbacks due to insufficient evidence. The Court adopted the investigating judge’s recommendation to exonerate Almodovar entirely, as the evidence showed he had no participation in the irregular publications. Regarding Ramirez, the Court held that his admission to causing the publication in The Bicol Star without a raffle and without Almodovar’s knowledge constituted a clear violation of R.A. No. 4569 and the implementing circular issued by the Executive Judge, which explicitly prohibited deputy sheriffs from dealing directly with publishers. The Court emphasized that the preference of a banking institution does not justify bypassing the mandatory raffle system established by law to ensure fairness and prevent favoritism.
On the kickback allegations, the Court agreed with the investigating judge that the evidence was insufficient to establish moral certainty of guilt. However, the Court clarified that an administrative case is separate from any criminal proceeding and requires only moral conviction, not proof beyond reasonable doubt. Since the violation of the publication law was conclusively established, Ramirez’s administrative liability was affirmed. The Court imposed a fine equivalent to one month’s salary on Deputy Sheriff Vicente Ramirez, with a warning that a repetition of the offense would be dealt with more severely. Atty. Ignacio D. Almodovar was exonerated from all charges.