AM P 12 3035; (June, 2012) (Digest)
A.M. No. P-12-3035; June 13, 2012
Judge Ethelwolda A. Jaravata vs. Precioso T. Orencia, Clerk of Court II, MTC, Agoo, La Union
FACTS
Complainant Judge Ethelwolda A. Jaravata, Presiding Judge of the MTC of Aringay, La Union, filed a complaint against respondent Precioso T. Orencia, Clerk of Court of MTC Agoo. The complaint stemmed from an incident on February 18, 2011, where respondent, allegedly intoxicated, entered her chambers and uttered disrespectful statements. Judge Jaravata also cited prior instances of respondent’s neglect of duty, including delays in forwarding case records and failure to serve a subpoena, which she had previously reported.
Respondent admitted attending a social affair but denied being heavily drunk, claiming he only consumed two bottles of beer. He asserted that the judge provoked him by stating she could have him removed and prevent his retirement, which led to his heated response. He also filed a counter-complaint against the judge for smoking inside her chambers and other allegations. Respondent had retired from service on July 1, 2011.
ISSUE
Whether respondent Precioso T. Orencia is administratively liable for his actions towards Judge Jaravata and for violations of court rules and conduct.
RULING
Yes, respondent is administratively liable. The Court adopted the findings and recommendations of the Office of the Court Administrator (OCA). The Code of Conduct for Court Personnel mandates that court personnel carry out their responsibilities courteously and with strict propriety to uphold public trust in the judiciary. Respondent’s behavior—ranting and berating a judge within earshot of litigants and court personnel—exhibited profound disrespect and a lack of professionalism, constituting discourtesy in the course of official duties, a light offense under the Omnibus Rules.
Considering respondent’s apology, admission of mistakes, retirement after long service, and this being his first complaint, the penalty of reprimand was warranted for discourtesy, though it could no longer be imposed due to his retirement. Furthermore, respondent violated the Code of Conduct by leaving his post to attend a social event and returning to the office under the influence of alcohol, failing to commit exclusively to his duties during working hours. For this violation, he was fined Three Thousand Pesos (₱3,000), to be deducted from his terminal leave pay. The countercharges against Judge Jaravata were deemed better addressed in a separate proceeding.