G.R. No. A.M. No. RTJ-24-075 (Formerly JIB FPI No. 22-135-RTJ). October 29, 2024.
ERNESTO CALLENA, JR., complainant, vs. HON. CORPUS B. ALZATE, Presiding Judge, Branch 2, Regional Trial Court, Bangued, Abra, respondent.

FACTS

Complainant Ernesto Callena, Jr. charged respondent Judge Corpus B. Alzate with simple misconduct for knowingly refusing to pay his Integrated Bar of the Philippines (IBP) dues from 2004 to 2021. Callena asserted that Judge Alzate, as a judge, should know his obligation to pay and cannot be excused. He also alleged that Judge Alzate considered himself “untouchable” due to connections in the Office of the Court Administrator (OCA) and was known for arrogance.
In his Comment, Judge Alzate admitted his name was excluded from the IBP voters’ list for the 2021 elections due to non-payment. Upon receiving the complaint, he secured an assessment and paid PHP 23,100.00 for his dues from 2004 to 2021 on May 24, 2022. He offered several excuses for his failure to pay: (1) he was told as a young lawyer that IBP election candidates sometimes sponsored dues for chapter members; (2) the IBP Abra Chapter failed to remit collected payments to the Central Office, and promised account reconciliations never occurred; and (3) he relied in “good faith” on the advice of another judge that unpaid dues would be automatically deducted from government retirement pay or leave credits. He also stated he never received any delinquency notice from the IBP and denied having strong OCA connections.
In his Reply, Callena disputed these excuses as “tall tales,” emphasizing that Judge Alzate’s payment came only after the complaint was filed. He also noted Judge Alzate’s prior administrative liabilities in other cases. In a Rejoinder, Judge Alzate suggested the complaint was motivated by the counsel of Callena, who was the wife of a dismissed judge and his relative.
The Judicial Integrity Board – Office of the Executive Director (JIB-OED) found Judge Alzate guilty of simple misconduct (violating the Code of Judicial Conduct) and violating Canon 7 of the Code of Professional Responsibility (CPR), recommending fines of PHP 100,000.00 and PHP 50,000.00, respectively. The JIB, in its Report, adopted these findings but increased the fine for simple misconduct to PHP 150,000.00, considering his prior administrative liability as an aggravating circumstance under the amended Rule 140 and the Code of Professional Responsibility and Accountability (CPRA).

ISSUE

Whether respondent Judge Corpus B. Alzate is administratively liable for his failure to pay his IBP dues from 2004 to 2021.

RULING

Yes, the Court adopted the findings and recommendations of the JIB. Judge Alzate is administratively liable.
1. On the Charge of Simple Misconduct (Violation of the Code of Judicial Conduct): Judge Alzate’s admission of non-payment for 18 consecutive years constitutes substantial evidence of guilt. His proffered excuses are untenable. As a judge, he is expected to have a mastery of the law and should not have relied on hearsay about sponsored payments, unfulfilled promises of account reconciliation, or the informal advice of a colleague regarding automatic deductions. His failure to ascertain and fulfill his clear legal obligation as an IBP member amounts to simple misconduct. Considering his previous administrative liability as an aggravating circumstance under Rule 140 (as amended) and the CPRA, the Court imposed a fine of PHP 150,000.00.
2. On the Charge as a Member of the Bar (Violation of Canon 7 of the CPR): Membership in the IBP is automatic and mandatory for all attorneys. The payment of annual dues is a non-waivable duty. By failing to pay his dues for nearly two decades, Judge Alzate violated Canon 7 of the CPR, which requires a lawyer to “uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar.” For this violation, the Court imposed a fine of PHP 50,000.00.
The fines are payable within three months from the promulgation of the decision.