RECOMMENDATION

I. FACTUAL ANTECEDENTS OF THE CASE

On January 14, 2020, the Office of Municipal Mayor of Kitaotao, Bukidnon received a
Letter-Complaint along with its supporting documents from Hon. Rainier Eusebio D. Aquino
(herein referred to as the Compainant), a presiding judge of Municipal Circuit Trial Court of
Lantapan-Cabanglasan, Bukidnon,  charging Evelyn Luzon (herein referred to as Respondent
Luzon), a casual employee of Municipality of Kitaotao with the offense of Conduct Prejudicial to
the Best Interest of Service. The aforementioned Letter-Complaint is a direct-offshoot of the
alleged libelous comments made by Respondent Luzon and her cohorts against Complainant
through a social media platform called Facebook sometime in November 2019. The verbatim
statements of Respondent Luzon are particularly as follows:  

a. “unsa ba d i ka dugay sa hitabo dapat 24 hrs na reklamo na.. ayha pa

lugar ni reklamo nga wala na ang papa u ya bulan na.. Pagka bugo atty man
kaha pwese cya ma kuhaan ung licinsya ana kay nag pa buto..”

b. “Basen wala na cya nka move on sa emo ting”

c. “Epa tulfo d i cya”

On January 20, 2020, the same office received a Counter-Affidavit from Respondent
Luzon vehemently rebutting the allegations leveled by the Complainant contending that there
was no direct imputation of any defamatory words against the latter. Respondent Luzon argued
that the Complainant was not identified, named or even pinpointed in the comments made on
Facebook. Thus, the Letter-Complaint should be outrightly dismissed for lack of cause of action.

This now begs the question of whether or not the Letter-Complaint filed against
Respondent Luzon should be given merit. 

II. RULING

After a careful perusal of the records of the case, the undersigned hereby recommends that
Respondent Luzon be held liable for the offense of Conduct Prejudicial to the Best Interest of
Service. As enunciated by the Court in the case of Office of the Ombudsman-Visayas vs. Castro,
April 22, 2015, “the word “prejudicial”  in connection with the offense of Conduct
Prejudicial to the Best Interest of Service is that which is detrimental or derogatory to a
party; naturally, probably or actually bringing about a wrong result.” (Emphasis supplied)

Applying the aforementioned case vis-a-vis the facts herein, the prejudicial act made by
Respondent Luzon are the comments she made on Facebook which were quoted above as against
the Complainant. The word “bugo” (translated as incompetent) if uttered against someone is a

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derogatory statement in itself. It resultantly demeans or degrades the intrinsic self-worth and
dignity of a person to whom the said derogatory word is directed.

Moreover, the prejudicial act must be done deliberately with intent to bring about a wrong
result or that which is detrimental to another person. In this case, the comments were
deliberately made by Respondent Luzon with the intent to defame the Complainant in his
capacity as a member of the Integrated Bar of the Philippines, let alone a presiding judge of a
Municipal Circuit Trial Court.

It is worthy to note also that the derogatory comments were made during office hours, as
evidenced by the printed screenshot photo of the facebook comment attached in the Letter-
Complaint. In doing so, Respondent Luzon missed out in exercising the required due diligence in
the performance of her duties and functions as employee of the government.

Although unlike other administrative offenses, Conduct Prejudicial to the Best Interest of
Service as held in the case of Recto-Sambajon vs. PAO, September 6, 2017, “need not be related
to or connected with public officer’s official function as it suffices that the act in question
tarnishes the image of his or her public office.”

That being said, the charged against Respondent Luzon is broader as it encompasses all
transgressions which may put a particular public office in a bad light. Surely, commenting
derogatory remarks against another person stained the image and integrity of the Municipality of
Kitaotao. It should be a reminder, not only to Respondent Luzon, but to all employees of
Municipality of Kitaotao to uphold the basic precepts that assumption of public office is
impressed with the paramount public interest that requires the highest standards of ethical
conduct. Public officers and employees must, at all times, observe honesty, candor and faithful
compliance with the law. Nothing is less expected. 

In light of the foregoing, the undersigned is hereby recommending the imposition of the
penalty of suspension for a period of six (6) months against Respondent Luzon pursuant to
Section 46, Chapter 6, Title I of Book V of Executive Order no. 292 or otherwise known as the
Administrative Code of 1987 for being guilty of the offense of Conduct Prejudicial to the Best
Interest of Service.

WENNIE S. ANGIT
Grievance Committee Member