EN BANC
A.M. OCA IPI No. 12-204-CA-J, July 26, 2016
RE: VERIFIED COMPLAINT FOR DISBARMENT OF AMA LAND, INC. (REPRESENTED BY JOSEPH B. USITA) AGAINST COURT OF APPEALS ASSOCIATE JUSTICES HON. DANTON Q. BUESER, HON. SESINANDO E. VILLON AND HON. RICARDO G. ROSARIO.
R E S O L U T I O N
BERSAMIN, J.:
In the resolution promulgated on July 15, 2014,1 the Court: (a) declared Joseph B. Usita guilty of two counts of indirect contempt of court under Section 3(d), Rule 71 of the Rules of Court, but deferred the determination and imposition of the penalties against him; (b) ordered Usita to disclose the names of all the members of the Board of Directors of AMA Land, Inc. (AMALI) who had authorized him to bring the two administrative charges against respondent Associate Justices of the Court of Appeals (CA); and (c) required Usita and a certain Garry de Vera to shed light on the true interest or participation of the so-called JC-AT-JC Law Offices whose office address de Vera had stated as his in the affidavit of service he had executed for purposes of this case.
Consequently, Usita submitted his compliance dated August 11, 2014,2 wherein he again apologized for his actions, but appealed for the understanding and forgiveness of the Court. He denied having disobeyed the decision of March 11, 2014, and pointed out that the other complaint against respondent Associate Justices of the CA dated October 2, 2012 (OCA-IPI No. 12-202-CA-J entitled Re: Verified Complaint for Disbarment of AMA Land, Inc. Represented by Joseph B. Usita v. Hon. Danton Q. Bueser, Hon. Sesinado E. Villon and Hon. Ricardo R. Rosario, Associate Justices of the Court of Appeals) had been filed earlier than the present complaint; that he had filed the present complaint against respondent Associate Justices of the CA "in good faith and merely to petition this Honorable Court for redress of what he believed to be a judicial wrong;"3 and that he was anyway withdrawing the complaint in OCA-IPI No. 12-202-CA-J as a manifestation of his "good faith and sincere remorse for his inaction (sic)."4chanrobleslaw
Regarding the participation of the so-called JC-AT-JC Law Office, Usita explained that de Vera was an employee of AMALI rendering messengerial services to the JC-AT-JC Law Office, one of the retained counsels of AMALI; and that the JC-AT-JC Law Office did not have any involvement in the filing of the administrative complaints.
De Vera submitted a salaysay ng pagpapaliwanag,5 which contained explanations similar to those made by Usita.
Finally, Usita disclosed by name the members of the AMALI Board of Directors who had authorized him to file the present complaint, as follows: (a) Atty. Vicente Acsay; (b) Felizardo R. Colambo; (c), Arnel F. Hibo; (d) Darwin V. Dominguez; and (e) Alberto L. Buenviaje.
On September 30, 2014, the Court directed the abovenamed officers of AMALI to show cause in writing why they should not be held liable for indirect contempt for degrading the judicial office of respondent Associate Justices of the CA, and for interfering with the due performance of their work for the Judiciary.6chanrobleslaw
The aforenamed members of the AMALI Board, with the exception of Atty. Acsay who had meanwhile passed away on March 29, 2014,7 uniformly manifested that only Atty. Acsay, Hibo and Dominguez had taken part in the meeting of the Board of Directors at which the resolution to file the present complaint had been adopted; that it was Atty. Acsay who had moved for the approval of the resolution; and that they had caused the filing of the administrative complaint in their belief that they were thereby raising a valid legal issue, without any intention of offending or disrespecting respondent Associate Justices of the CA.8 It was further manifested that Colambo and Buenviaje had been absent from the meeting when the resolution to file the complaint had been tackled.9chanrobleslaw
The filing of the meritless administrative complaints by AMALI was not only repulsive, but also an outright disrespect of the authority of the CA and of this Court. Unfounded administrative charges against judges truly degrade the judicial office, and interfere with the due performance of their work for the Judiciary. Although the Court did not then deem fit to hold in the first administrative case AMALI or its representative personally responsible for the unfounded charges brought against respondent Justices, it is now time, proper and imperative to do so in order to uphold the dignity and reputation of respondent Justices, of the CA itself, and of the rest of the Judiciary. AMALI and its representatives have thereby demonstrated their penchant for harassment of the judges who did not do its bidding, and they have not stopped doing so even if the latter were sitting judges. To tolerate the actuations of AMALI and its representatives would be to reward them with undeserved impunity for an obviously wrong attitude towards the Court and its judicial officers.13chanroblesvirtuallawlibraryMoreover, there is no doubt that the abovenamed members of the AMALI Board of Directors, led by the late Atty. Acsay, were well aware, or, at least, ought to have known that no judicial officer could be legitimately held administratively accountable for the performance of his duties as a judicial officer for the reason that such performance was a matter of discharging a public duty and responsibility.
SEC. 7. Punishment for indirect contempt. - If the respondent is adjudged guilty of indirect contempt committed against a Regional Trial Court or a court of equivalent or higher rank, he may be punished by a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6) months, or both. x x xAlthough the conduct we hereby seek to punish tended to obstruct and degrade the administration of justice by respondent Associate Justices of the CA, fine, instead of imprisonment, will suffice, provided the amount thereof is not petty or trivial. The need to deter litigants and those acting upon their bidding from ever trying to intimidate or influence sitting judges in the performance of their sworn duties should be recognized. This instance is a good occasion to do so.
AMA Land, Inc., Joseph B. Usita, Darwin V. Dominguez and Arnel F. Hibo are WARNED that a repetition of the same or similar acts shall be dealt with more severely in the future.
(1) ABSOLVES and PURGES Felizardo R. Colambo, Alberto L. Buenviaje and Garry de Vera of any act of contempt of court: (2) DECLARES and PRONOUNCES Joseph B. Usita, Darwin V. Dominguez and Arnel F. Hibo GUILTY of INDIRECT CONTEMPT for degrading the judicial office of respondent Associate Justices of the Court of Appeals, and for obstructing and impeding the due performance of their work for the Judiciary, and, ACCORDINGLY, metes on each of Usita, Dominguez and Hibo a fine of P20,000.00, the same to be paid within 10 days from notice of this resolution.
Endnotes:
1Rollo, pp. 1195-1199.
2 Id. at 1210-1214.
3 Id. at 1213.
4 Id. at 1211.
5 Id. at 1225-1228.
6 Id. at 1229.
7 Id. at 1234.
8 Id. at 1234-1243 (Dominguez, Colombo, Hibo and Buenviaje submitted their joint compliance dated November 5, 2014); Colambo submitted his separate compliance with motion to admit dated November 14, 2014, id. at 1272-1279.
9 Id. at 1272.
10Regalado v. Go, G.R. No. 167988, February 6, 2007, 514 SCRA 616, 632.
11Heirs of Trinidad de Leon Vda. de Roxas v. Court of Appeals, G.R. No. 138660, February 5, 2004, 422 SCRA 101, 120.
12 Section 3(d), Rule 71 of the Rules of Court.
13Rollo, p. 1112.
14 G.R. Nos. 147589 and 147613, February 18, 2003.
15 Supra note 10, at 119 & 121.
16 G.R. No. 146006, April 22, 2005, 456 SCRA 538, 555.