Re: Anonymous Letter-Complaint Against Cardozo
REITERATIONFacts
The Antecedents: An anonymous letter-complaint was filed against Jesusa Susana Cardozo, Clerk III of the Regional Trial Court (RTC), Branch 44, Dagupan City, charging her with Disgraceful and Immoral Conduct and Ill-gotten wealth. The complainant alleged that respondent was engaged in an illicit relationship with a married man, Mr. Beltran, with whom she was living as husband and wife, and that Mr. Beltran would fetch her from work daily. It was also alleged that respondent used judges' names to extort money and that her wealth (house, jewelry) was disproportionate to her income. Procedural History: A discreet investigation was conducted. It was found that respondent is married but separated from her husband who resides in the USA, and they have two minor children. Mr. Beltran is also married and living with his wife and children. The investigation revealed that respondent had filed a petition for Declaration of Nullity of Marriage, which was granted by the RTC but reversed by the Court of Appeals, except for the support order for their children. The newly constructed house of respondent was built using Mr. Beltran's retirement benefits, on a lot owned by respondent's mother within the family compound. No real property was registered in respondent's name. The investigating team observed respondent to be modest in her presentation. The team concluded there was sufficient basis for the illicit relationship charge but no evidence for ill-gotten wealth. The Office of the Court Administrator (OCA) adopted these findings and recommended respondent be found guilty of immorality and suspended for six months and one day without pay. The Petition: The case was for decision on whether respondent was guilty of immorality and unexplained wealth.
Issue(s)
Whether respondent is guilty of disgraceful and immoral conduct. Whether respondent is guilty of ill-gotten wealth.
Ruling
The Court found respondent GUILTY of Disgraceful and Immoral Conduct and SUSPENDED her for six (6) months and one (1) day without pay. She was STERNLY WARNED that a repetition of the same or similar offense will be dealt with more severely. The charge of ill-gotten wealth was dismissed for insufficient basis.
Ratio Decidendi
On the charge of disgraceful and immoral conduct: The Court resolved the issue in the affirmative. Buttressed by the findings of the investigating team, there was undoubtedly sufficient and substantial evidence showing that respondent, a married woman although separated de facto from her husband, was having an illicit relationship with another man, Mr. Beltran. The Court has consistently held that an illicit relation is considered disgraceful and immoral conduct which is subject to disciplinary action. Under the Uniform Rules on Administrative Cases in the Civil Service Commission, disgraceful and immoral conduct is a grave offense. The Court found no reason to doubt the findings of the investigating team and the recommendation of the OCA. As a court employee, respondent failed to maintain conduct characterized by propriety and decorum, thus failing to uphold the respect of the public for the judiciary. On the charge of ill-gotten wealth: The Court agreed with the conclusion of the investigating team that there was no sufficient basis to establish that respondent possessed ill-gotten wealth. The investigation revealed that no real properties were registered in respondent's name, and her residence was located within the compound owned by her mother. The team observed that respondent dressed modestly. Furthermore, the construction of her house was funded by Mr. Beltran's retirement benefits. Consequently, the charge of ill-gotten wealth was dismissed.
Main Doctrine
A court employee found to be engaged in an illicit relationship, even if separated from their spouse, is guilty of disgraceful and immoral conduct, which is a grave offense subject to disciplinary action, including suspension.