LEGAL ETHICS; LIABILITY OF COURT PERSONNEL; DISHONESTY, GRAVE

MISCONDUCT, INSUBORDINATION
Question: De Leon, the Clerk of Court of RTC of Naga City, promised Olivan, the
representative of applicants in a land registration case, the execution of the writ after
the decision has become fonal and executory and that she will find a lawyer for her and
in the process received aggregate sums of money in the total amount of [P]9,500.00.
However, for failure to comply with her promises, Patricia de Leon undertook to return
the money to Mrs. Olivan upon the latter's demand. However, the money was not
actually returned to Mrs. Olivan due to the intervention of her lawyer, Atty. Amador
Simando, that said amount be just credited as payment for his future court appearances
in her case. Moreover, De Leon failed to file her Comment on Judge Contreras' Report
and Recommendation despite orders from the Court, violating the Court's circulars. Is
De Leon liable?
Answer: Yes, she is guilty of Dishonesty, Grave Misconduct, and Insubordination.
Court personnel, regardless of position or rank, are expected to conduct themselves in
accordance with the strict standards of integrity and morality." Any deviation from such
standards would adversely reflect on the image of the judiciary to the public, as well as
their trust and confidence in this branch of government.
As gleaned above, the evidence had established De Leon's intent to extort money from
Olivan by making her falsely believe that the execution of the writ would be expedited in
exchange for P9,500.00 and actually accepting the said amount. Such display of
dishonesty and misconduct not only gravely endangers the trust and confidence of the
people in the judiciary, but also violates Section 3(b) of RA 3019 - an offense which,
when committed by an official or personnel of the judiciary, would be a serious affront to
the image of this hallowed branch of government. (Contreras vs De Leon, et. al., A.M.
No. P-15-3400, November 6, 2018)