G.R. No. P-08-2451. October 17, 2008.
ROEL A. FERNANDEZ, complainant, vs. RENATO RUBILLOS, PROCESS SERVER, MUNICIPAL TRIAL COURT, ALBUERA, LEYTE, respondent.

FACTS

This is an administrative complaint for Grave Misconduct and Harassment filed by Roel A. Fernandez against Renato Rubillos, a Process Server of the Municipal Trial Court (MTC) of Albuera, Leyte. The complaint arose from a land dispute between their families. Complainant alleged that despite a prior settlement before the Barangay (Case No. 220 for oral defamation, unjust vexation, and qualified trespass, resolved by a Barangay Resolution dated July 21, 2003, where respondent agreed not to repeat his wrongdoings), respondent continued to harass him. Specific incidents included respondent shouting that complainant and his family were “land grabbers” (September 28, 2003, as reflected in a police blotter), and repeatedly uttering insulting remarks such as “BULOK NHA ENGINEER,” “WALAY TRABAHO,” and “WALAY BALAY.” On September 20, 2004, at the MTC Office of the Clerk of Court, a heated argument ensued where respondent raised a clenched fist in front of complainant’s face and squeezed his lower abdomen, causing a superficial injury documented by a Municipal Health Officer. Further confrontations occurred at the barangay level on October 13, 2003, and at the PNP Police Station, where respondent mocked complainant and kicked him. Respondent, in his Comment, denied the settlement and the allegations, claiming it was complainant who was besmirching his reputation. The case was referred for investigation to Executive Judge Absalon U. Fulache, who found the facts as stated and concluded respondent was liable for discourtesy, recommending a reprimand. The Office of the Court Administrator (OCA) evaluated the case, agreed with the finding of liability but recommended a fine of ₱5,000.00 for conduct unbecoming a public officer.

ISSUE

Whether respondent Renato Rubillos is administratively liable for his actions arising from the land dispute with complainant.

RULING

Yes, respondent is administratively liable. The Court adopted the OCA’s recommendation. It found that respondent’s bare denials could not overcome the positive evidence, including the Barangay Resolution and the testimony of the Clerk of Court regarding the heated argument. The Court held that respondent’s actions—uttering insulting remarks, engaging in a shouting match on court premises, and making a threatening gesture—constituted conduct unbecoming of a public officer and a member of the judiciary. Such conduct adversely affects the dignity of the courts and the people’s trust in the judiciary. While the investigating judge recommended a reprimand due to respondent’s 22 years of service, the Court imposed a fine of ₱5,000.00 in the greater interest of protecting public service. Respondent was also sternly warned that a repetition of the same or similar acts would be dealt with more severely.