Dear Atty. Angela,

I am working as a legal staff for a court and we have several criminal cases where one of our court clerks is known to solicit money from litigants with a promise of giving them favorable decisions. A litigant spoke with me who was tricked by this court staff in paying P20,000 to recommend a lawyer and now wants to file a complaint. What should the defrauded litigant do?

Mona

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Dear Mona,

No less than the Constitution sanctifies the principle that public office is a public trust, and enjoins all public officers and employees to serve with the highest degree of responsibility, integrity, loyalty and efficiency.

In the Resolution A.M. No. P-23-109 to 110 (Mercedes D. Felongco v. Gerald Eric F. Sanchez), the Supreme Court agreed with the Judicial Integrity Board (JIB) recommending Sanchez’s dismissal for gross misconduct and found that despite his denials, Sanchez had indeed accepted money for personal gain.

Canon IV, Section 5 of the Code of Conduct for Court Personnel states that “[c]ourt personnel shall not recommend private attorneys to litigants, prospective litigants, or anyone dealing with the Judiciary.”

Furthermore, as Clerk III, Sanchez was not authorized to collect or receive money from any litigant. However, he asked and accepted P50,000 in cash from the litigant. His actions went beyond mere assistance and amounted to “fixing,” which is the act of serving as a middleman between a litigant and a decision maker, for a fee, to facilitate court processes.

The Court also emphasized that assistance should only extend to what is legitimately within the scope of one’s duties as a public servant. It cannot go beyond what is allowed by law, and should never involve accepting a fee, gift, or personal benefit.

In light of the willful violation of the Code of Conduct for Court Personnel, which constitutes gross misconduct, the Court imposed upon Sanchez the ultimate penalty of dismissal which could likewise be applicable in this case.

Atty. Angela Antonio