AM MTJ 93 858; (February, 1995) (Digest)
G.R. No. A.M. No. MTJ-93-858. February 15, 1995.
Office of the Court Administrator, complainant, vs. Judge Pedro Antonio, respondent.
FACTS
This is an administrative case against Judge Pedro C. Antonio of the Municipal Circuit Trial Court, Roxas, Isabela, for demanding and receiving money from a litigant in consideration for dismissing a criminal case. Melito Cabasag, a barangay captain and an accused in a murder case, reported to the National Bureau of Investigation (NBI) that Judge Antonio demanded P6,000.00 (later reduced to P3,500.00) for the dismissal of the case. An entrapment was laid on April 28, 1993. Cabasag, accompanied by an NBI agent posing as his wife, handed an envelope containing marked money to Judge Antonio inside the courtroom. Upon receiving the envelope, the judge was arrested by NBI agents. The NBI recommended the filing of criminal charges and informed the Court Administrator. The Court treated the NBI report as an administrative complaint. An investigation was conducted by Executive Judge Teodulo E. Mirasol, who, while expressing doubts about the motives of the complainants due to possible political vendetta, found evidence against Judge Antonio. The judge was also charged with Direct Bribery before the Sandiganbayan.
ISSUE
Whether Judge Pedro C. Antonio is administratively liable for serious misconduct in office for demanding and receiving money from a litigant in connection with a case pending before his court.
RULING
Yes. The Supreme Court found Judge Pedro C. Antonio guilty of serious misconduct. The Court held that the evidence, including the credible testimonies of Melito Cabasag and the NBI operatives, conclusively established that Judge Antonio demanded and accepted money from Cabasag for the dismissal of the murder case. The Court rejected the defense of political motivation as unsubstantiated and immaterial, emphasizing that the act of receiving money from a litigant is corrupt and reprehensible per se. Such conduct constitutes a conscious and deliberate attempt to subvert justice for personal gain, violating the Code of Judicial Conduct which requires judges to avoid impropriety and perform duties honestly. The amount involved is immaterial; the act itself seriously damages the integrity of the judiciary. Consequently, the Court dismissed Judge Antonio from service with forfeiture of all retirement benefits and accrued leave credits, with prejudice to re-employment in any government agency.
