OCA Ipi 17 4749 P; (August, 2023) (Digest)
OCA IPI No. 17-4749-P, August 08, 2023
JUDGE ANANSON E. JAYME (RET.), COMPLAINANT, VS. ERLA JOIE L. ROCO, LEGAL RESEARCHER II AND GLENN L. NAMOL, COURT INTERPRETER III, BOTH OF BRANCH 63, REGIONAL TRIAL COURT, BAYAWAN CITY, NEGROS ORIENTAL, RESPONDENTS.
FACTS
Retired Judge Ananson E. Jayme filed an administrative complaint against respondents Erla Joie L. Roco (Legal Researcher II) and Glenn L. Namol (Court Interpreter III) of the RTC, Branch 63, Bayawan City, Negros Oriental. The allegations were: 1) Against Namol: a) He approached Spouses Esic, private complainants in an estafa case, and convinced them to hire a specific private prosecutor (Atty. Erames), seek his assistance, and give him and a companion PHP 20,000.00 each to expedite the case. b) He purchased lumber on credit from litigant Rodrigo Cuenca for PHP 9,000.00, paid only PHP 2,000.00, and allegedly believed he no longer had to pay the balance after Cuenca’s case was dismissed. c) He was caught encoding a motion for Atty. Erames using an office computer during office hours. 2) Against Roco: She had been absent without official leave (AWOL) since April 10, 2017. 3) Against both respondents: They conspired to falsify two subpoenas for persons deprived of liberty without court authority, with Roco altering the documents after the Branch Clerk of Court signed them. Namol denied the allegations and filed a counter-charge against Judge Jayme, which was dismissed due to the judge’s prior retirement. Roco did not file any responsive pleading. The case was referred to an Investigating Judge, whose report found sufficient evidence to support the allegations. The Judicial Integrity Board (JIB) subsequently reviewed the case.
ISSUE
Whether respondents Erla Joie L. Roco and Glenn L. Namol are administratively liable for the acts alleged in the complaint.
RULING
Yes. The Court adopted the findings and recommendations of the Judicial Integrity Board.
1) Glenn L. Namol was found guilty of Gross Misconduct and Prejudicial Conduct that Gravely Besmirches or Taints the Reputation of the Service. The acts of soliciting money from litigants, using his position to gain credit from a litigant, moonlighting for a private lawyer using government resources, and conspiring to issue unauthorized subpoenas constituted flagrant disregard of established rules and ethical standards, eroding public trust in the judiciary. The penalty imposed was DISMISSAL from the service, with forfeiture of retirement benefits (except accrued leave credits), and prejudice to reinstatement or re-employment in any government agency.
2) Erla Joie L. Roco was found guilty of Gross Misconduct for conspiring to issue the unauthorized subpoenas. Considering she had already been dropped from the rolls for being AWOL, the penalty imposed was FORFEITURE of all benefits, except accrued leave credits, disqualification from reinstatement or appointment to any public office, and a fine of PHP 101,000.00.
3) Formal administrative proceedings were also INSTITUTED against Atty. Ray Stephen T. Logronio, the Branch Clerk of Court, for Simple Neglect of Duty in signing the subpoenas without verifying their authenticity. The JIB was directed to proceed with the case.
