AM P 06 2245; (July, 2009) (Digest)
G.R. No. A.M. No. P-06-2245 & A.M. No. MTJ-09-1741. July 31, 2009
JUDGE JAIME L. DOJILLO, JR. vs. CONCEPCION Z. CHING; CONCEPCION A. CHING vs. JUDGE JAIME L. DOJILLO, JR.
FACTS
Judge Jaime L. Dojillo, Jr., Presiding Judge of the MTC of Manaoag, Pangasinan, filed an administrative complaint against his Clerk of Court, Concepcion Z. Ching. The complaint enumerated multiple charges, including gross misconduct for being a gossip and troublemaker, gross incompetence and inefficiency for delegating her tasks and refusing to use office equipment, violation of the smoking ban, conduct unbecoming a public official, and gross dishonesty for falsifying her Daily Time Records (DTRs) for November 2003 and December 2005. In her Comment, Ching denied the accusations and filed a counter-complaint against Judge Dojillo. She alleged that the judge was engaged in an improper relationship with a court interpreter, Mrs. Erlinda Marmolejo, which she witnessed on several occasions. Both parties later filed a Joint Manifestation seeking dismissal, claiming the charges arose from a misunderstanding. The Court referred the case for investigation.
ISSUE
The primary issue is whether the respondents are administratively liable for the acts alleged in their respective complaints.
RULING
The Court found respondent Concepcion Ching guilty of dishonesty and falsification of official document, while the complaint against Judge Dojillo was dismissed with an admonition. The investigation substantiated the charge of dishonesty against Ching. Evidence, including her own application for leave, proved she was absent on November 11, 2003, yet her DTR indicated she was present. For December 12, 2005, she falsely indicated a local holiday to justify her absence. Falsification of a DTR is a grave offense constituting dishonesty, warranting severe penalty. The Court imposed a six-month suspension without pay, with a stern warning.
Regarding the counter-complaint, the allegations of an illicit affair between Judge Dojillo and Marmolejo were not proven by substantial evidence. Mere insinuations and gossip, without corroborative proof, cannot sustain an administrative charge. However, the Court admonished Judge Dojillo for using intemperate and gender-insensitive language in his complaint, repeatedly referring to Ching’s sexual orientation with derogatory remarks. A judge must always be circumspect and use guarded language, upholding the dignity of the judicial office. The dismissal of the complaint against him does not excuse this lack of prudence.