AM P 05 2067; (August, 2005) (Digest)
G.R. No. P-05-2067. August 31, 2005
SPS. RAYMUND and JULIE ANN MIÑOSO, Complainants, vs. FREDDIE PAMULAG, Respondent.
FACTS
Complainant Julie Ann Miñoso was the private complainant in a B.P. 22 case pending before the MTCC, Branch 4, Iloilo City. On September 8, 2003, respondent Freddie Pamulag, the Branch Clerk of Court, telephoned her to come to the court. Upon arrival with her husband, they were met by the accused and then led by Pamulag into the judge’s empty chambers. Pamulag sat on the judge’s chair and, despite being addressed as “Judge” multiple times by the complainants, did not correct them. He then actively mediated and urged the parties to sign an amicable settlement for the immediate dismissal of the case.
Respondent denied the allegations, claiming he was properly introduced as Clerk of Court and was merely conducting a records inventory in the judge’s chambers. He asserted that assisting in case settlement was part of his administrative duties. The Office of the Court Administrator referred the case for investigation.
ISSUE
Whether respondent Freddie Pamulag is administratively liable for his actions.
RULING
Yes, respondent is guilty of Simple Misconduct. The Supreme Court affirmed the findings of the investigating Executive Judge. The act of initiating settlement negotiations inside the judge’s chambers, while seated at the judge’s desk and allowing himself to be addressed as “Judge,” constitutes a clear usurpation of judicial authority. Settlement of a case is a judicial function, and a clerk of court has no mandate to initiate or conduct such proceedings, especially in a manner that misleads parties into believing he is the presiding judge.
His actions defiled the sanctity of the judge’s chamber and demonstrated conduct unbecoming a court employee. While his long service of nearly sixteen years and lack of prior offense were considered mitigating, his transgression of established rules of conduct warranted a penalty. The Court emphasized that all judiciary personnel must act with circumspection to preserve public trust. Consequently, respondent Freddie Pamulag was found guilty of Simple Misconduct and suspended for one month and one day without pay.