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Misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer.30 The misconduct is grave if it involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules.31 Corruption, as an element of grave misconduct, consists in the act of an official or fiduciary person who unlawfully and wrongfully uses his position or office to procure some benefit for himself or for another person, contrary to duty and the rights of others.32 Section 2, Canon 1 of the Code of Conduct for Court Personnel states: “Court personnel shall not solicit or accept any gift, favor or benefit based on any or explicit understanding that such gift, favor or benefit shall influence their official actions.”
In Rule IV, Section 52(A)(11) of the Uniform Rules on Administrative Cases in the Civil Service, soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of an employee’s official duties may affect the functions of his office merits the penalty of dismissal for the first offense. Grave misconduct under Section 52(A)(3) of Rule IV is also punishable by dismissal for the first offense.
In the present case, Malunao solicited ₱35,000.00 and received ₱15,000.00 as first installment from Dela Cruz in exchange for a favorable decision in Civil Case No. 6875 entitled Alay Kapwa Multi-Purpose Cooperative, Inc. v. Engr. Nestor A. Gonzaga and Ernesto Roxas (E.R. Agro-Trading) pending before Judge Flor in Branch 28. Malunao was arrested in an entrapment operation upon receipt of the first installment of ₱15,000.00.
At the time of the solicitation, Malunao was already preventively suspended as Clerk III in Branch 28 by virtue of the Court’s Resolution dated 18 June 2007 in another case, Office of the Court Administrator v. Malunao (A.M. No. P-07-2324), due to allegations of the same conduct of extortion and solicitation. As a consequence of such solicitation from Dela Cruz, Judge Flor also filed a case against Malunao docketed as A.M. No. P-09-2732. In addition, Malunao has a pending administrative case in Estabillo v. Malunao docketed as A.M. OCA IPI No. 08-2974-P, where Estabillo, a defendant in a criminal case pending before Branch 28, alleges that Malunao solicited and received ₱10,000.00 in exchange for a favorable decision.
In the present case, Malunao clearly used her position as Clerk III in Branch 28 to solicit money from Dela Cruz with the promise of a favorable decision. This violation of Section 2, Canon 1 of the Code of Conduct for Court Personnel constitutes the offense of grave misconduct meriting the penalty of dismissal. Dela Cruz’s Sinumpaang Salaysay, the joint affidavit of arrest executed by the NBI agents, the Booking Sheet and Arrest Report, photocopy of the marked money, the Complaint Sheet, and the photographs of Malunao entering Dela Cruz’s house, and the contents of Malunao’s bag after receipt of the money, all prove by subsantial evidence the guilt of Malunao for the offense of grave misconduct.
What is more alarming and disconcerting is the fact that Malunao has continued to solicit money from litigants, even after she had been preventively suspended as Clerk III. Malunao has the propensity to abuse a position of public service and is not fit to remain in the civil service.
