G.R. No.: A.M. No. P-08-2521 (Formerly OCA I.P.I. No. 05-2329-P)
Date: February 13, 2009

Case Parties:
Christopher D. Manaog, Complainant,
vs.
Arnel Jose A. Rubio and Edgar C. Surtida II, both Sheriff IV, Regional Trial Court, Naga City, Respondents.

FACTS

The complainant, Christopher D. Manaog, filed a complaint for misconduct, unethical behavior, verbal abuse, manhandling, grave threat, grave/serious oral defamation, harassment, abuse and usurpation of judicial power against respondents Sheriffs Arnel Jose A. Rubio and Edgar C. Surtida II of the RTC-Naga City. The incidents occurred on October 21 and 26, 2005. On October 21, while Manaog was inquiring at the information counter of the Hall of Justice regarding land ownership documents, respondent Rubio approached him, stated the signatory was dead and the records were gone, leading to a verbal tussle. Rubio summoned a guard and instructed him to “send away this beast,” while hurling invectives like “You do not know how to ask for a favor, you beast.” Respondent Surtida, then unknown to Manaog, joined in and told him, “Come here and I will hit you, you vile beast.” On October 26, when Manaog returned with his brother, Rubio shouted taunts like “Hey, hey, have you found your land?” and, in the presence of court employees, told Manaog, “Whatever, you appear to be a nutcase.” When Manaog’s brother mentioned they were UP graduates, Rubio retorted, “What is that UP? I think the students there are also nutcases. Even if both of you would help each other, I will fight you.” The case was referred for investigation, and the Executive Judge found both respondents liable for conduct prejudicial to the best interest of the service.

ISSUE

Whether respondents Sheriffs Arnel Jose A. Rubio and Edgar C. Surtida II are administratively liable for their conduct towards the complainant.

RULING

Yes, the Supreme Court found both respondents administratively liable. The Court emphasized that court officials and employees bear a heavy burden of responsibility, and their conduct must avoid any impression of impropriety as it mirrors the image of the courts. Respondents failed to meet the exacting standards of decorum, propriety, and respect required in the judiciary. Their lack of prudence and their acts of provoking the complainant constituted behavior wholly unexpected from judicial service personnel. Instead of engaging in a heated discussion, they could have simply referred the complainant to the Office of the Clerk of Court. Government service requires patience, civility, and courtesy; impatience and rudeness have no place therein. Accordingly, the Court modified the recommendations and imposed the following penalties: Sheriff Arnel Jose A. Rubio was found GUILTY of simple misconduct and SUSPENDED from the service for one (1) month and one (1) day without pay. Sheriff Edgar C. Surtida II was found GUILTY of conduct unbecoming a court employee and REPRIMANDED. Both were given a STERN WARNING that a repetition of the same or similar offense shall be dealt with more severely.