G.R. No. A.M. No. MTJ-08-1699. March 17, 2009.
RODOLFO B. BAYGAR, Sr., Complainant, vs. Judge LILIAN D. PANONTONGAN and Process Server ALADINO V. TIRAÑA, both of The Municipal Trial Court, Binangonan, Rizal, Respondents.

FACTS

Complainant Rodolfo B. Baygar, Sr., was apprehended on August 11, 2002, for violating the Cockfighting Law. The criminal case was raffled to the Municipal Trial Court (MTC) of Binangonan, Rizal, presided by respondent Judge Lilian D. Panontongan. While detained, complainant’s wife, Wilfreda, upon the instruction of a police officer, paid ₱3,020.00 to respondent Process Server Aladino V. Tiraña, which they understood to be bail for his temporary liberty. Complainant was released on the afternoon of August 12, 2002. It was later discovered that on that same afternoon, Judge Panontongan had already promulgated a Decision in the criminal case finding complainant guilty based on a voluntary plea of guilt and sentencing him to pay a fine of ₱300.00. Complainant alleged that he never attended any arraignment or proceeding. He filed an administrative complaint for violation of Republic Act No. 3019, claiming the respondents, in conspiracy with others, orchestrated a simulated arraignment and extracted money from his wife. Judge Panontongan denied the allegations, asserting the arraignment legitimately took place with the participation of complainant’s counsel from the Public Attorney’s Office. Process Server Tiraña categorically denied receiving any money. The case was referred for investigation.

ISSUE

Whether respondents Judge Lilian D. Panontongan and Process Server Aladino V. Tiraña are administratively liable.

RULING

Yes, both respondents are administratively liable.
1. As to Process Server Aladino V. Tiraña: He is found guilty of grave misconduct and conduct prejudicial to the best interest of the service. The positive and consistent affidavits of complainant and his wife, detailing how Tiraña demanded and received ₱3,020.00 with the promise to facilitate release, constitute substantial evidence. His bare denial, being inherently weak and unsubstantiated, cannot prevail. The act of demanding money in the course of performing official duties is a grave offense warranting dismissal. Accordingly, Process Server Tiraña is DISMISSED from service with forfeiture of all retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government branch or instrumentality.
2. As to Judge Lilian D. Panontongan: She is found guilty of gross ignorance of the law and procedure. The records of the criminal case are replete with irregularities: the minutes of the alleged August 12, 2002 arraignment were unsigned and undated; the transcript of stenographic notes from that date was missing; the decision was promulgated on the same day as the alleged arraignment without ensuring the accused was properly assisted by counsel during the plea; and the decision itself erroneously stated the fine was “₱300.00 each” for a single offense. These omissions and errors demonstrate a failure to adhere to basic procedural rules essential to due process. A judge is presumed to know the law, and failure to observe elementary legal rules constitutes gross ignorance. Considering it was her first offense, Judge Panontongan is FINED in the amount of Twenty Thousand Pesos (₱20,000.00) and STERNLY WARNED that a repetition will be dealt with more severely.
The Court also directed that a copy of the resolution be furnished to the Office of the Ombudsman for appropriate action and called the attention of the Clerk of Court for lax supervision of court records.