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Gonzales- Austria vs.

Abaya, 176 SCRA 634
Reported by: John Eric A Co

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 Facts
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style Case:
C o m p l a i n a n t s A t t y. L i g a y a G o n z a l e s - A u s t r i a ( A t t y. A u s t r i a ) ,
Leonila Fuertes (Fuertes), and Edgardo Servando (Servando)
have filed a case against Judge Emmanuel M. Abaya (Judge
A b a y a ) o f R T C B r. 5 1 o f P u e r t o P r i n c e s a C i t y o n t h e f o l l o w i n g
grounds:
a. Estafa through falsification of public or official
documents, by verifying official hours rendered by a certain
Anabelle Cardenas (Cardenas) who has never reported for
d u t y, a n d b y r e c e i v i n g s a l a r i e s o f s a i d C a r d e n a s t h r o u g h t h e
forgery of the Cardena’s signature, thus deceiving the
g o v e r n m e n t a n d d e f r a u d i n g t h e g o v ’ t o f b u g a m o u n t o f m o n e y.
b. Gross dishonesty and corruption by soliciting,
demanding, receiving bribed money in exchanged for favorable
r e s o l u t i o n s a n d d e c i s i o n s f r o m d i f f e r e n t l i t i g a t i o n s i n B r. 5 2 ,
where Abaya has been temporarily assigned.
c. Illegal exaction of portion of the salaries of his
subordinate Servando as part and condition of his continued
e m p l o y m e n t i n B r. 5 1 , w h e r e A b a y a i s t h e p r e s i d i n g j u d g e .

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 Facts
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style Case:
Judge Abaya has denied all the accusations against him.
He says that these accusations are in retaliation of Atty
Austria against;
(1) the administrative case that Judge Abaya has
e a r l i e r f i l e d a g a i n s t o n e o f h i s a c c u s e r s , A t t y. A u s t r i a ,
for dishonesty and grave misconduct in having forged
Judge Abaya’s signature in a probation order in a
criminal case in which the latter presiding. And;
(2) for the disbarment of said Atty Austria based on the
same alleged offense. After Atty Austria files her
comment, the court has consolidated the cases. The
court has granted the MR of complainants, which adjoins
Cardenas as defendant, along with Judge Abaya, in this
said case.

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 Facts
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style Case:
The case is referred to Court of Appeals Justice Oscar
M. Herrera for investigation, report and
recommendation.
Justice Herrera find Judge Abaya and Cardenas guilty of
the charges against them and thereby recommends:

a. FORFEITURE of retirement benefits of Judge Abaya

except earned leave credits;
b . R E M O VA L of Annabelle Cardenas from office as
Court Stenographer;

c. ONE-YEAR SUSPENSION from office as Attorney of

A t t y. A u s t r i a .

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 Issue/s:
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(a)Whether or Not Judge Abaya is guilty of

a l l t h e a c c u s a t i o n s i m p u t e d a g a i n s t h i m . Ye s ,
only in respect to letters “a” and “b”.

(b)Whether or Not Atty Austria is guilty of

dishonesty and misconduct.?

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 Ruling:
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(a) First issue:
a.1 Estafa thru Falsification of public or official documents –
the court finds that Cardenas, having allegedly worked as
S t e n o g r a p h i c R e p o r t e r o f B r. 5 1 , i s a g h o s t e m p l o y e e o f t h e c o u r t
who has never reported to work. Cardenas has been working at a
Travel A genc y and s tudy i ng i n col l ege duri ng t he peri ods where
she allegedly has worked in court. Based on the evidence
pres ented, i t shows t hat Carden as i s enrol l ed at Hol y Tri ni ty
C o l l e g e d u r i n g h e r t e n u r e a s C o u r t S t e n o g r a p h e r. T h e s c h o o l
records show that Cardenas has attended her classes from 2:00
PM to 8:15 PM during the same time that she has worked in court
from 8am – 5pm. Though she avers that one of her professors has
permitted her to attend her work first, school records reveal that
she has been enrolled not only in one subject but also to several
more. Thus, the court finds that it is impossible for her to work in
that said court with incurring no absences and tardiness’ while
h a v i n g e n r o l l e d i n c o l l e g e a n d h a v i n g w o r k e d i n a Tr a v e l A g e n c y.
M o r e o v e r, t h e c o u r t f i n d s t h a t J u d g e A b a y a i s r e a l l y t h e o n e w h o
falsifies the daily time records and receives salaries of Cardenas
w i t h k n o w l e d g e a n d c o n s e n t o f t h e l a t t e r. H o w e v e r, n o p r o o f t o
support Atty Austria’s theory that Judge Abaya has appropriated
the money for himself.

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 Ruling:
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a.2 Gross dishonesty and corruption by soliciting,
demanding, receiving bribed – Judge Abaya is, at that time,
t e m p o r a r i l y a s s i g n e d a s t h e p r e s i d i n g j u d g e o f B r. 5 2 w h e r e h e
has successfully solicited, demanded and received a bribe from
L e o n i l a F u e n t e s , a t e a c h e r, o n h i s p r o m i s e t h a t h e s h a l l d e n y
the bail of the accused who has killed her son. Judge Abaya is
the one who has solicited and demanded the bribe. At first,
F u e n t e s i s r e l u c t a n t t o a c c e p t t h e o ff e r. H o w e v e r, a f t e r h a v i n g
consulted her family and her city prosecutor friend, Fuentes
has given in to the demands of Judge Abaya by paying the
latter a certain amount, which is lower than the agreed amount.
Judge Abaya alleges that Fuentes has only testified against him
b e c a u s e o f t h e b r a i n w a s h i n g o f A t t y. A u s t r i a t o F u e n t e s . T h e
court affirms the findings of Justice Herrera that Fuentes has
no improper motive to impute such a serious offense against
said judge; thus, the court gives credence to the given
testimonies of Fuentes.

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 Ruling:
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a.3 Illegal exaction – It is alleged that Judge Abaya has exacted
t h e p o r t i o n s o f t w o e m p l o y e e s i n B r. 5 1 o f P u e r t o P r i n c e s a R T C
as a condition for their continued employment. The court gives
respondent Judge Abaya the benefit of the doubt.

HELD/RULING of 1st issue: In summation, the court find Judge

Abaya guilty of grave and serious misconduct affecting his
moral character which would have warranted his dismissal
from the service had his resignation not been accepted . The
court forfeits all his retirement benefits except earned leave
credits. Annabelle Cardenas is dismissed from office with
prejudice to her reappointment to the Judiciary . The judge is
the visible representation of the law and of justice. From him,
t h e p e o p l e d r a w t h e i r w i l l a n d a w a r e n e s s t o o b e y t h e l a w. F o r
him then to transgress the highest ideals of justice and public
service for personal gain is indeed a demoralizing example
constituting a valid cause for disenchantment and loss of
confidence in the judiciary as well as in the civil service system.
By these acts, Judge Abaya has demonstrated his unfitness and
unworthiness of the honor and requisites attached to his office.

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 Ruling:
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(b) Second issue (dishonesty and misconduct/disbarment of

Atty Austria) - The complaints for dishonesty and grave
m i s c o n d u c t a n d f o r d i s b a r m e n t a g a i n s t A t t y. L i g a y a G o n z a l e s -
Austria, then Clerk of Court of Branch 52, RTC Palawan, stem
from her act of having allegedly forged the signature of Judge
Abaya in a probation order in Criminal Case entitled "People vs.
Leonardo Cruz" for attempted homicide. Atty Austria admits to
having signed said probations orders but done with knowledge
and consent of Judge Abaya. Because of workload, Judge Abaya
i s n o t a b l e t o s i g n a n d p r o m u l g a t e t h e s a i d o r d e r, w h i c h c a u s e s
further delay for the probational release of Cruz. Cruz has
personally come to the courthouse of Judge Abaya to beg the
l a t t e r t o s i g n s a i d o r d e r, h o w e v e r, h e h a s a g a i n f o r g o t t e n t o s i g n
it. Atty Austria, acting as clerk of court, is the one who
p r o m u l g a t e s s a i d o r d e r.

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 Ruling:
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She justifies her action under the theory of agency (Art 1881 of
the Civil Code) in that having been granted full authority to
p r o m u l g a t e t h e p r o b a t i o n o r d e r, s h e n e c e s s a r i l y h a d t h e
authority to sign the Judge's name if the need arose. She further
maintains that as Judge Abaya never complained about the
a l l e g e d f o r g e r y, h e i s d e e m e d t o h a v e r a t i f i e d i t a n d i s n o w
e s t o p p e d f r o m q u e s t i o n i n g h e r a u t h o r i t y. L a s t l y, s h e c o m p a r e s
the probation order to a writ of execution which is usually done
by the Clerk of Court. The court affirms the findings of Justice
Herrera that the duties of the clerk of court in the absence of
any express direction of the judge is well defined under section
5, Rule 136 of the Rules of Court. Signing orders in the name of,
and simulating the signature of the judge is not included under
said Rule.

HELD/RULING: Wherefore, the court ACCEPTS the resignation of

Atty Austria and DECLARES the forfeiture of her salaries and
S U S P E N D S h e r a s a m e m b e r o f t h e b a r f o r o n e ( 1 ) y e a r.

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Thank You and God

Bless Us!

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