G.R. No. A.M. No. P-21-027 (Formerly OCA-IPI No. 17-4769-P). January 31, 2023.
Presiding Judge Lorna B. Santiago-Avila, Regional Trial Court, Branch 36, General Santos City, South Cotabato, complainant, vs. Juanito B. Narisma, Jr., Process Server, RTC Branch 36, General Santos City, South Cotabato, respondent.

FACTS

Presiding Judge Lorna B. Santiago-Avila filed an administrative complaint for Grave Misconduct against her Process Server, Juanito B. Narisma, Jr. The complaint stemmed from a report by a court stenographer that a certain Eddie Cantoja (later identified as Edilbert Guartico) was pretending to be the judge’s driver and extorting money from litigants with the help of a court insider, who was identified as Narisma. Shirley Chan, whose daughter Christine Madison Chan had a pending petition for bail before the court, disclosed that in November 2016, Cantoja introduced himself as the judge’s driver and, with the assistance of “Jun” (Narisma), promised to facilitate a favorable resolution for a fee. Narisma had previously approached Judge Santiago-Avila inquiring about the possible release of Christine. Shirley Chan further narrated that Narisma warned her not to enter the courtroom and that Cantoja later demanded PHP 200,000.00, purportedly for Judge Santiago-Avila, in exchange for an affirmative resolution. After the bail was granted on June 9, 2017, the demands for payment continued. An entrapment operation by the NBI led to Cantoja’s arrest on July 12, 2017. Seized evidence included text messages from a phone number verified to belong to Narisma. Criminal informations for robbery and violation of R.A. No. 6713 were filed against both Cantoja and Narisma. Judge Santiago-Avila temporarily relieved Narisma and instituted this administrative case. In his Comment, Narisma denied the accusations, claiming he could not influence case resolutions. The case was referred for investigation to Executive Judge Adelbert S. Santillan, who found substantial evidence linking Narisma to the extortion scheme. The Judicial Integrity Board (JIB) later evaluated the case and agreed with Judge Santillan’s findings.

ISSUE

Whether respondent Juanito B. Narisma, Jr. should be held administratively liable for grave misconduct.

RULING

Yes, respondent Juanito B. Narisma, Jr. is GUILTY of GRAVE MISCONDUCT. The Court adopted the findings and recommendation of the Judicial Integrity Board. The administrative case was not rendered moot by Narisma’s subsequent separation from service (due to being dropped from the rolls for absences without leave), as penalties such as disqualification from government service and forfeiture of benefits could still be imposed. Substantial evidence established Narisma’s participation in the extortion scheme. He abused his position as a process server and his familiarity with court processes to collude with Cantoja in extorting money from Shirley Chan under the false pretense that Judge Santiago-Avila demanded payment for a favorable bail resolution. His actions violated Section 2, Canon I and Section 2(e), Canon III of the Code of Conduct for Court Personnel, which prohibit soliciting or accepting any gift or benefit that could influence official actions and soliciting money from parties with pending cases. The offense constitutes grave misconduct, characterized by a corrupt motive and a willful intent to violate the law. His claim of 25 years of unblemished service was considered offset by the aggravating circumstance of taking advantage of his official position and familiarity with court processes to facilitate the offense. The penalty for grave misconduct is dismissal from service. Since Narisma was already dropped from the rolls, the Court imposed the accessory penalties: his civil service eligibility was CANCELLED; his retirement and other benefits, except accrued leave credits, were FORFEITED; and he was PERPETUALLY DISQUALIFIED from reemployment in any government agency or instrumentality.