G.R. No. P-02-1555. April 15, 2004.
OFFICE OF THE COURT ADMINISTRATOR, complainant, vs. ATTY. EDGAR ALLAN C. MORANTE, Clerk of Court, Regional Trial Court, Las Piñas City, Branch 275, respondent.

FACTS

This administrative case originated from an anonymous letter and a news report alleging that respondent Atty. Edgar Allan C. Morante, Branch Clerk of Court, was caught by NBI agents receiving ₱200,000.00 to fix a court decision. The case involved Tetsuo Momma, a Japanese national accused of libel. Momma had previously complained that the original presiding judge pressured him for a ₱7 million settlement. Following that judge’s retirement, the case was handled by an acting judge. Momma, seeking to have the libel case dismissed and his hold departure order lifted, was introduced to respondent Morante by his secretary, Joey Olavere. Morante allegedly demanded ₱1.5 million to facilitate favorable court actions.
The NBI, acting on Momma’s report, set up an entrapment operation. On September 7, 2001, Momma, accompanied by NBI agents, met with Morante at a restaurant. Morante accepted ₱200,000.00 as partial payment and was subsequently arrested. During the investigation, Morante admitted to receiving the money but claimed it was a loan from Olavere, a defense the Investigating Justice found to be a mere afterthought and unsupported by evidence.

ISSUE

Whether respondent Atty. Edgar Allan C. Morante is guilty of grave misconduct warranting dismissal from the service.

RULING

Yes, respondent is guilty of grave misconduct and is dismissed from service. The Court affirmed the findings and recommendation of the Investigating Justice. The legal logic rests on the conclusive evidence provided by the NBI entrapment operation, which was deemed legitimate. Morante was caught in flagrante delicto receiving marked money. His defense of a loan was rejected as it was belatedly raised and inconsistent with the circumstances; no credible evidence of a loan agreement was presented. As a court employee and a lawyer, Morante is held to the highest standards of integrity and propriety. His act of soliciting and accepting money in exchange for influencing court proceedings constitutes a severe betrayal of public trust and a blatant violation of the ethical standards required of all court personnel. Such grave misconduct undermines the very integrity of the judiciary. The penalty of dismissal with forfeiture of all benefits and disqualification from re-employment in any government agency is imposed. Furthermore, pursuant to Bar Matter No. 1032, this administrative decision also serves as a disciplinary action against Morante as a member of the Bar, with the penalty of disbarment to follow in a separate proceeding.