Basic Legal and Judicial Ethics 1

SY 2022 - 2023
Atty. Chris Tenorio
Arellano University – School of Law

CASE DIGEST
RE: INCIDENT REPORT OF THE SECURITY DIVISION AND ALLEGED VARIOUS INFRACTIONS
COMMITTED BY MR. CLOYD D. GARRA, JUDICIAL STAFF EMPLOYEE II, MEDIATION,
PLANNING AND RESEARCH DIVISION, PHILIPPINE MEDIATION CENTER OFFICE, PHILIPPINE
JUDICIAL ACADEMY
A.M. No. 2019-14-SC
Feb. 10, 2022
Prepared by: Fidel M. Rubias

Respondent:
Mr. Cloyd D. Garra
Facts:
Respondent (Garra) is an employee at the Phil. Judicial Academy (PHILJA), that on 28 May 2019, at
approximately 3:29PM, Respondent entered the room of one Maria Edwina Sampaga (Sampaga)
also an employee of PHILJA, then left after 22 minutes. This was proven through the available
CCTV’s installed in the premises. This is in defiance of the House Rules of PHILJA that states that
visitors should only be accepted in the lounge. Report of the Shift-in-Charge and CCTV Operator was
then forwarded to the Office of Administrative Services (OAS) then after explanation was demanded.
Garra and Sampaga both averred that they are in a relationship, and Sampaga is the Common Law
Wife of Garra in which he had two children. However, upon checking, it was found that Garra is
legally married to one Melissa Osbual Garra (Osbual). Garra explained that sometime on 2003,
Osbual left him for another man, this was also his explanation on why he removed her on his SALN
from 2007-2011. That since then, he was in a relationship with Sampaga in which they also taking
care of the two other children begotten from Osbual.
Issue:
1. Whether or not the Respondents should be held administratively liable for his acts.
2. Whether or not Respondent is justified in removing his legally married wife from his SALN
Held:
1. Yes, the court finds Respondent guilty in violating the Reasonable Office Rules and Regulation
based on his own admission that he in fact entered the premises of Sampaga's quarters in
Room 110 instead of meeting her in the lounge as required by the House Rules, Garra is
deemed liable for Violation of Reasonable Office Rules and Regulations under Section
46(F)(3), Rule 10 of the Revised Rules on Administrative Cases in the Civil Service
(RRACCS). Whether Sampaga is Garra's legal or common-law spouse is of no moment.
Needless to state, the rules are clear that all guests, regardless of their relation to the
occupants of the PHILJA Training Center, are only allowed to conduct visits in the lounge.
2. No, first of all, Garra in entering a relationship with Sampaga without prior annulment of his
marriage, he is already in violation of the Civil Service Commission Memorandum Circular No.
15 Series of 2010. It defines that a man having an illicit relationship with a woman not his wife
is within the purview of "disgraceful and immoral conduct" and thus punishable. With regard to
the SALN, applying CSC Resolution No. 06-0538, Garra's misrepresentation or omission of his
marital status in his SALNs can be considered as a dishonest act.
Ruling:
WHEREFORE, Mr. Cloyd D. Garra, Judicial Staff Employee II, Mediation, Planning and Research
Division, Philippine Judicial Academy, and Staff Driver, is found GUILTY of the administrative
offenses of Violation of Reasonable Office Rules and Regulations, Disgraceful and Immoral Conduct,

FMRubias-2023-06-02-CD6
 Basic Legal and Judicial Ethics 1
SY 2022 - 2023
Atty. Chris Tenorio
Arellano University – School of Law

and Dishonesty. He is hereby SUSPENDED for a period of one (1) year, with a WARNING that a
repetition of the same or similar infraction shall be dealt with more severely.

FMRubias-2023-06-02-CD6