AM P 06 2182; (August, 2008) (Digest)
G.R. No. P-06-2182 ; August 12, 2008
Alfredo L. Camus, Jr. vs. Reynaldo L. Alegre, Clerk of Court, Municipal Trial Court, Paniqui, Tarlac
FACTS
The Office of the Court Administrator received a complaint from Alfredo L. Camus, Jr. against respondent Reynaldo L. Alegre, Clerk of Court, for Direct Bribery. The complaint stemmed from an entrapment operation. The spouses Mamaba, whose son had a pending criminal case and was detained, coordinated with Alegre for their son’s release. Alegre allegedly demanded P3,000.00, accepting an initial P1,000.00. The spouses reported this to the police, who conducted an entrapment. Alegre was arrested after receiving a marked envelope containing P1,000.00, which was later recovered from his office drawer.
Subsequently, an Information for Direct Bribery was filed. However, the criminal case was dismissed by the Regional Trial Court based on an Affidavit of Desistance from the spouses and a motion from the accused’s counsel, without the public prosecutor’s approval. In his administrative comment, Alegre denied demanding money, claiming the envelope was unsolicited “snacks” money placed in his drawer, and he informed the police about it immediately.
ISSUE
Whether respondent Reynaldo L. Alegre is administratively liable for Grave Misconduct.
RULING
Yes, respondent is guilty of Grave Misconduct. The dismissal of the criminal case does not bar administrative proceedings, as these are separate and require only substantial evidence. The Court found the evidence against Alegre substantial and convincing. The detailed affidavits of the arresting officers and the spouses, corroborated by the recovery of marked money from his drawer, firmly established that he solicited and received money in connection with his official functions. His defense of an unsolicited gift is implausible given the circumstances of the entrapment.
The act of demanding and receiving money from litigants constitutes Grave Misconduct, a severe transgression of duty that erodes public trust in the judiciary. It also violates Canon I of the Code of Conduct for Court Personnel, which prohibits using one’s position for unwarranted benefits or soliciting gifts. As a grave offense, it warrants the supreme penalty. Respondent Reynaldo L. Alegre is DISMISSED from service with forfeiture of all retirement benefits (except accrued leave credits) and perpetual disqualification from government re-employment.