AM 2019 14 SC; (February, 2020) (Digest)
A.M. No. 2019-14-SC, February 10, 2020
Re: Incident Report of the Security Division and Alleged Various Infractions Committed by Mr. Cloyd D. Garra, Judicial Staff Employee II, Mediation, Planning and Research Division, Philippine Mediation Center Office, Philippine Judicial Academy
FACTS
An Incident Report dated May 29, 2019, from security personnel of the Philippine Judicial Academy (PHILJA) Training Center stated that respondent Cloyd D. Garra, a Judicial Staff Employee II and Staff Driver, violated the PHILJA Training Center House Rules. The rules stipulated that visitors of guests must be received only in the lounge and are allowed only until 10:00 p.m. On May 28, 2019, a household attendant observed a woman, later identified as Maria Edwina V. Sampaga (a seminar participant and solo occupant of Room 110), being followed into her room by Garra. CCTV footage confirmed they entered Room 110 at 3:29 p.m. and remained for approximately 22 minutes. In response to a memorandum, Garra admitted the incident but claimed Sampaga was his common-law wife of over 14 years, with whom he has two children, and he was merely checking on her. Sampaga corroborated this. Further investigation by the Office of Administrative Services (OAS) revealed Garra’s 201 file contained a 1998 Certificate of Marriage showing he was legally married to Melissa M. Osbual Garra. Garra had declared Osbual as his legal spouse in some official documents (e.g., a Pag-IBIG form and SALNs from 2006-2012) but omitted this information in his SALNs from 2007-2011 and from 2013 onward, with no record of any annulment or change of status request. In a subsequent explanation, Garra confirmed his marriage to Osbual but claimed she abandoned him in 2003 for another man. He stated he began a relationship with Sampaga in 2005, who helped him raise his children, and he did not pursue annulment due to financial constraints. He claimed his relationship with Sampaga was publicly known and that he placed “N/A” on the relevant SALN entries due to confusion over his marital status.
ISSUE
Whether respondent Cloyd D. Garra is administratively liable for: (1) Violation of Reasonable Office Rules and Regulations; (2) Disgraceful and Immoral Conduct; and (3) Dishonesty.
RULING
Yes, the Court found respondent Cloyd D. Garra guilty of all three administrative offenses.
1. Violation of Reasonable Office Rules and Regulations: Garra admitted to entering Sampaga’s room instead of the designated lounge, violating the PHILJA House Rules. His relationship to Sampaga was immaterial to this violation.
2. Disgraceful and Immoral Conduct: By cohabiting with Sampaga and having children with her while still legally married to Osbual, Garra committed disgraceful and immoral conduct. This act violates basic norms of decency and morality expected of public servants, regardless of whether it was committed discreetly or scandalously.
3. Dishonesty: Garra’s deliberate omission of his legal spouse, Osbual, in his SALNs for multiple years (2007-2011 and from 2013 onward) constitutes dishonesty. This constitutes a concealment or distortion of the truth in a sworn document, showing a lack of integrity.
PENALTY: The Court sustained the OAS recommendation. Considering the offenses, Garra’s length of service, and the fact that his marital status was not a material component of the SALN, the penalty of one-year suspension was deemed appropriate instead of dismissal. He was also warned that a repetition would be dealt with more severely.
