G.R. No. A.M. No. P-15-3347 (Formerly OCA IPI No. 13-4067-P), July 29, 2015
Amadel C. Abos, Complainant, vs. Salvador A. Borromeo IV, Clerk III, Regional Trial Court, Br. 45, San Jose, Occidental Mindoro, Respondent.

FACTS

Complainant Amadel C. Abos filed a Complaint-Affidavit alleging she is the daughter of a tenant on an eight-hectare agricultural land in Occidental Mindoro. The property’s ownership was transferred to Elsa Aguirre, who refused to recognize the tenancy. On January 19, 2013, respondent Salvador A. Borromeo IV, a Clerk III of the RTC, together with a soldier and another person, arrived at the property and uprooted 150 coconut seedlings. The soldier also allegedly threatened to kill Abos and her family. In his defense, Borromeo claimed his mother, Elsa Aguirre, was the absolute owner, and that the previous owner only had paid laborers, not tenants. He asserted that Abos’s relatives had illegally entered the land, constructed a house, and planted coconut trees obstructing a private road, which were the seedlings he uprooted. He argued any force or bad words used were merely to assert his family’s ownership rights. The Office of the Court Administrator (OCA) recommended finding Borromeo guilty of conduct unbecoming a public official, proposing a one-month and one-day suspension.

ISSUE

Whether respondent Salvador A. Borromeo IV is administratively liable for his actions concerning the disputed property, and if so, what is the proper offense and corresponding penalty.

RULING

Yes, the respondent is administratively liable. The Court found Borromeo guilty of both conduct unbecoming a public officer and conduct prejudicial to the best interest of the service.
The Court clarified the distinction between the two offenses. Conduct unbecoming a public officer is a violation of the norms of conduct under Section 4 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), punishable under Section 11(a) by a fine not exceeding six months’ salary or suspension not exceeding one year, or removal. Conduct prejudicial to the best interest of the service, defined as any misconduct which tarnishes the image and integrity of the public office, is a grave offense under Civil Service rules punishable by suspension of six months and one day to one year for the first offense.
The Court held that Borromeo, as a court employee, carried the title and status of his office when he personally intervened in the land dispute. Instead of advising the parties to avail of judicial or quasi-judicial remedies (such as the Katarungang Pambarangay or court action, which Abos herself pursued), he took matters into his own hands by uprooting the seedlings. His actions violated the public trust and the high standard of ethics required of public servants. As an employee of the judiciary, he is expected to be an example of integrity in both official and personal dealings to preserve the court’s standing as a temple of justice.
Considering this was his first offense, the proper penalty is a one-year suspension without pay. The OCA’s recommended penalty was deemed insufficient. The Court modified the OCA’s recommendation and imposed a suspension of one year.