G.R. No. A.M. No. MTJ-03-1499 and A.M. No. P-03-1752, October 6, 2008
Case Parties:

CELFRED P. FLORES, complainant, vs. JUDGE RODOLFO B. GARCIA, respondent.
JUDGE RODOLFO B. GARCIA, complainant, vs. CELFRED P. FLORES, Utility Worker, Municipal Circuit Trial Court, Calatrava, Negros Occidental, respondent.

FACTS

The consolidated cases involve administrative complaints filed by Judge Rodolfo B. Garcia and Utility Worker Celfred P. Flores of the Municipal Circuit Trial Court of Calatrava-Toboso, Negros Occidental, against each other.
In A.M. No. MTJ-03-1499, Flores charged Judge Garcia with oppression, grave misconduct, and violations of the Code of Judicial Conduct and Code of Judicial Ethics based on two incidents. First, on July 22, 2002, in front of the RCBC in San Carlos City, Judge Garcia allegedly boxed and hit Flores on the face and threatened to shoot him. Second, on July 24, 2002, inside the courtroom, Judge Garcia allegedly pointed a finger at Flores, ordered him out, hit him at the back of his head, and shouted that he could have shot him had he brought his revolver. Flores supported his complaint with affidavits from a security guard (Reynaldo A. Abunda, Jr.) and the Clerk of Court (Reynold Barren), as well as police blotter extracts.
In his Comment, Judge Garcia denied boxing Flores, claiming he merely lifted his fist in anger over Flores’s alleged immoral advances on his wife. He submitted an Affidavit of Retraction from Abunda, assailed Barren’s credibility, and presented a Joint Affidavit from five staff members denying the incident. He also argued Flores failed to present a medical certificate.
In A.M. No. P-03-1752, Judge Garcia counter-charged Flores with falsification, alleging Flores falsified his affidavit by claiming the July 22 incident occurred in San Carlos City when his Daily Time Record showed he was in court from 12:40 p.m. to 5:30 p.m. that day. He also accused Flores of falsifying Abunda’s affidavit.
Flores, in his Answer, accused Judge Garcia of forum shopping, noted Judge Garcia admitted the incident occurred near the LBC office in San Carlos City, questioned the retraction affidavit’s validity, and argued the staff’s joint affidavit was not credible due to their supervision by Judge Garcia.
The cases were referred for investigation. The investigating judge, Judge Roberto S. Chiongson, recommended dismissal of both cases, finding the falsification charge unfounded as Flores was on official business with Judge Garcia, and considering the complaint against Judge Garcia not serious, especially in light of an Affidavit of Retraction from Flores (which appears to be a misstatement in the text; the retraction was from Abunda) and Judge Garcia’s retirement.
The Office of the Court Administrator (OCA) recommended: (1) finding Judge Garcia guilty of gross misconduct; (2) imposing a fine of P20,500 to be taken from withheld retirement benefits; and (3) dismissing the falsification case against Flores.
Subsequently, the parties filed a Joint Manifestation praying for dismissal of both cases due to reconciliation.

ISSUE

1. Whether the administrative complaints should be dismissed due to the parties’ reconciliation and joint manifestation.
2. Whether Judge Rodolfo B. Garcia is administratively liable for the acts complained of by Celfred P. Flores.
3. Whether Celfred P. Flores is administratively liable for falsification as charged by Judge Garcia.

RULING

1. No, the complaints are not dismissible due to reconciliation. The Court, adopting the OCA’s reasoning, held that a withdrawal or desistance does not automatically result in dismissal. Administrative proceedings protect the public service and involve public interest. The Court’s supervisory power to discipline members of the judiciary cannot be conditioned on a complainant’s will. The Joint Manifestation was denied for lack of merit.
2. Yes, Judge Rodolfo B. Garcia is administratively liable for gross misconduct. The Court found that Judge Garcia admitted during the pre-trial conference to confronting Flores about alleged advances on his wife, uttering threats (“If only I have a gun I will shoot you”), pointing a finger at Flores, ordering him out of the office, and stating in front of court personnel, “If only I have brought with me my revolver, I should have shot him.” These acts constituted a wanton disregard of the exacting standards of judicial conduct. A judge’s personal behavior must be beyond reproach to promote public confidence in the judiciary. Judge Garcia’s actions violated the Code of Judicial Conduct.
3. No, Celfred P. Flores is not administratively liable for falsification. The charge that Flores falsified his Daily Time Record for July 22, 2002, was dismissed for lack of merit. The Court found that if Flores was not in the office during the hours indicated, it was because he was on official business as Judge Garcia’s driver in San Carlos City. The charge regarding the falsification of Abunda’s affidavit was also dismissed for lack of evidence.
DISPOSITIVE:
Retired Judge Rodolfo B. Garcia was found GUILTY of gross misconduct constituting a violation of the Code of Judicial Conduct under Section 8(3), Rule 140 of the Rules of Court. The Court imposed upon him a FINE of Twenty Thousand Five Hundred Pesos (P20,500.00), to be deducted from the amount of P80,000.00 previously withheld from his retirement benefits. The administrative charge for falsification against Celfred P. Flores was DISMISSED for lack of merit.