Borromeo-Garcia v. Pagayatan
REITERATIONFacts
The Antecedents: Complainant Cita Borromeo-Garcia charged Judge Ernesto P. Pagayatan with falsification, partiality, dishonesty, gross incompetence, evident bad faith, immorality, and grave misconduct. The complainant alleged that respondent, while serving as Register of Deeds, cooperated in transferring 165 titles based on falsified signatures. She further claimed respondent committed falsification and perjury by granting a petition for the issuance of owner's duplicate copies of 62 Transfer Certificates of Title (TCTs) to Salvador G. Borromeo, Jr., knowing he was not the owner, and that respondent hastily ruled without requiring necessary documents. Allegations of an illicit affair with Elsa Aguirre, Borromeo, Jr.'s former wife, who allegedly wielded influence and acted as a bagman with an Assistant Prosecutor, were also made. Procedural History: Respondent denied the charges, asserting they were unfounded and hearsay. The Office of the Court Administrator (OCA) referred the complaint to respondent for comment. The OCA recommended referring the case to an Investigating Justice of the Court of Appeals (CA) for investigation. Investigating Justice Jose C. Reyes, Jr. found that the complainant failed to substantiate her allegations, relying on bare assertions and hearsay. However, Justice Reyes found respondent liable for failing to prevent the appearance of impartiality by designating Elsa Aguirre, the ex-wife of the petitioner in a case, to receive evidence ex-parte. He recommended a fine of P5,000.00. The Petition: The Court reviewed the Investigating Justice's report. It agreed that the charges of falsification, immorality, and misconduct were unsubstantiated. However, it modified the recommended fine to P10,000.00 for the violation of Canons 3 and 4 of the New Code of Judicial Conduct for failing to avoid the appearance of impartiality.
Issue(s)
Whether respondent Judge Ernesto P. Pagayatan committed falsification, partiality, dishonesty, gross incompetence, evident bad faith, immorality, and grave misconduct. Whether respondent Judge Ernesto P. Pagayatan failed to avoid the appearance of impartiality.
Ruling
The charges of falsification, partiality, dishonesty, gross incompetence, evident bad faith, immorality, and grave misconduct against respondent Judge Ernesto P. Pagayatan were DISMISSED for lack of competent evidence. However, Judge Pagayatan was found GUILTY of violating Canon 3, Section 2 and Canon 4, Section 1 of the New Code of Judicial Conduct for failing to avoid the appearance of impartiality and was FINED P10,000.00, to be deducted from his retirement benefits.
Ratio Decidendi
On the charges of falsification, partiality, dishonesty, gross incompetence, evident bad faith, immorality, and grave misconduct: The Court found that the complainant failed to substantiate her allegations with competent evidence. The charges of falsification were based on hearsay and bare assertions. Specifically, regarding the transfer of titles, the complainant admitted she had no direct knowledge and relied on information from a deceased individual. As for the petition for re-issuance of owner's duplicate copies, the complainant conceded that the decision did not order the titles to be registered in the name of Borromeo, Jr., and they remained in the name of Borromeo, Sr. The allegations of immorality were also based on hearsay, with no witnesses presented. The claims of Elsa Aguirre and Prosecutor Salcedo acting as 'bagmen' were likewise unsubstantiated. The Court reiterated that in administrative proceedings, the complainant bears the burden of proving allegations with substantial evidence, and bare allegations cannot prevail over the presumption of regularity in the performance of official functions. On the failure to avoid the appearance of impartiality: The Court found that respondent Judge Pagayatan committed an infraction by designating Elsa Aguirre, the ex-wife of the petitioner in Special Proceeding No. R-936, to receive evidence ex-parte. Although respondent claimed it was a practice to refer such proceedings to the Clerk of Court's office due to the workload of the Branch Clerk of Court, the Court emphasized that judges must at all times not only be impartial but also maintain the appearance of impartiality. The designation of Aguirre, given her relationship to the petitioner, created an appearance of impropriety, violating Canons 3 and 4 of the New Code of Judicial Conduct. The Court noted that while the infraction was not grave enough to warrant dismissal, it merited a penalty. Considering respondent's prior imposition of a fine and his impending retirement, a fine of P10,000.00 was deemed proper.
Main Doctrine
While charges of falsification, partiality, dishonesty, gross incompetence, evident bad faith, immorality, and grave misconduct against a judge were dismissed for lack of evidence, the judge was found guilty of violating Canons 3 and 4 of the New Code of Judicial Conduct for failing to avoid the appearance of impartiality and was fined P10,000.00.