G.R. No.: A.M. No. P-11-3009
Date: November 16, 2011

Case Parties/Title: BEATRIZ B. OÑATE, Complainant, vs. SEVERINO G. IMATONG, Junior Process Server, Municipal Circuit Trial Court, Piat, Cagayan, Respondent.

FACTS

Complainant Beatriz Oñate, a widow and professor, is the sister-in-law of respondent Severino Imatong, a junior process server. On January 28, 2010, after attending a wedding, respondent asked to spend the night at complainant’s house due to lack of transportation, which she allowed. The next morning, January 29, 2010, at around 6:30 a.m., while complainant was preparing for work, respondent allegedly barged into her room, embraced and kissed her, and pushed her towards the bed. Complainant fought back, pushed him away, and shouted until he left. She later reported the incident to the police and filed an Affidavit-Complaint on February 9, 2010, leading to both criminal and administrative proceedings.
Respondent denied the allegations, claiming he entered the bedroom early to examine broken window glasses as requested by complainant, and merely greeted her with a customary “beso-beso” (air kiss) and a tap on the shoulder. He argued such greetings were commonplace between them even when her husband was alive.
The City Prosecutor’s Office initially dismissed the criminal complaint for attempted rape on November 3, 2010, for lack of probable cause. Based on this, the Office of the Court Administrator (OCA) recommended dismissal of the administrative case, which the Court adopted in a Resolution dated June 15, 2011, citing lack of substantial evidence.
Subsequently, the Prosecutor’s Office reconsidered and found probable cause for acts of lasciviousness in a Resolution dated April 11, 2011, which was affirmed by the Regional Prosecutor’s Office. Complainant then filed a Motion for Reconsideration of the Court’s dismissal of the administrative case, citing these new prosecutorial resolutions.

ISSUE

Whether respondent Severino G. Imatong is administratively liable for misconduct based on the alleged acts committed against complainant Beatriz B. Oñate.

RULING

The Court GRANTED the Motion for Reconsideration and found respondent GUILTY of SIMPLE MISCONDUCT.
The Court held that while the dismissal of the criminal complaint for attempted rape did not foreclose administrative liability, the subsequent finding of probable cause for acts of lasciviousness by the Prosecutor’s Office provided a basis to reevaluate the administrative case. The Court emphasized the exacting standards of ethics and morality required of court employees to maintain public faith in the judiciary.
The Court found complainant’s allegations credible. No ill motive was attributed to her, and her actions—confronting respondent’s wife and pursuing charges—were consistent with a genuine grievance, especially given her recent widowhood and reputation as an educator. Respondent’s defense of a customary “beso-beso” was unconvincing; if it were harmless, complainant would not have been so offended. Inconsistencies in respondent’s account further weakened his defense: he did not greet complainant with a “beso-beso” when he arrived the night before, and his claim of fixing window glass early in the morning was unsupported, as he had no known skill for such tasks and other household help was available.
The Court concluded that respondent’s act of kissing complainant, under the circumstances, transgressed the established rules of conduct for public officers. It constituted simple misconduct, defined as unacceptable behavior that violates conduct rules. However, the Court made no finding on criminal liability for acts of lasciviousness, as that is for the trial court to determine. The administrative ruling was limited to evaluating respondent’s conduct as court personnel.
DISPOSITIVE PORTION:
Respondent was found guilty of Simple Misconduct and penalized accordingly (the specific penalty is detailed in the full text but not provided in the excerpt). The Court’s earlier dismissal Resolution was set aside.