THE Supreme Court has imposed a fine against an officer of the Philippine Judicial Academy (Philja) for allowing the distribution of pamphlets to the offices of the magistrates that tend to influence the outcome of the election protest filed by losing vice presidential candidate and former senator Ferdinand “Bongbong” Marcos Jr.
In an 8-page decision penned by Associate Justice Marvic MVF Leonen, and made public on July 2, 2021, the Court en banc declared that Chief Judicial Staff Officer Luningning R. Marin of the Philja-Office of the Chancellor is found guilty of conduct prejudicial to the best interest of the service.
“This Court has repeatedly cautioned its employees to always act ‘with propriety and decorum but, above all else, must be above and beyond suspicion,” the SC said.
“Marin failed to be circumspect in balancing her personal dealing with a friend and her commitment to protect this institution,” the High Tribunal added. “Her failure to prudently act may impair this Court’s image, cast doubt on the impartiality of the justices, and ultimately undermine the public’s trust in the judiciary.”
The administrative matter stemmed from the August 9, 2019, memorandum issued by the Office of Administrative Services (OAS), which recommended that Marin be penalized for allowing two individuals Arifa Macacua Jamil and Zeus Alonzo to enter the SC’s building in Padre Faura, Manila. Marin allegedly accompanied Jamil and Alonzo in distributing envelopes containing a 39-page pamphlet titled “The Election Protest of Bongbong Marcos, a Simplified Illustration as of May 2019” to the Justices’ offices on July 1, 2019.
The pamphlet advocated for a ruling in favor of Marcos in his election protest then pending before the Presidential Electoral Tribunal against Vice President Leni Robredo.
In explaining her side, Marin narrated that on the day of the incident, Edgar G. Rozon, son of her friend and former colleague Soledad G. Rozon, called asking to see her as he was “going to file or distribute something” in this Court.
Having known him since he was a child, Marin said she trusted him.
In Rozon’s stead, Jamil and Alonzo arrived, introducing themselves as his co-workers.
Marin admitted knowing that Edgar and his mother worked for the former senator, but did not give it much attention.
She said she helped Jamil and Alonzo pass through the guards and accompanied them to the offices of the Justices.
However, the OAS found her liable for conduct prejudicial to the best interest of the service and fined with P3,000.
It held that having no knowledge of the envelope’s contents does not free her from charges, noting that meeting strangers instead of her friend should have put her on guard.
Instead of inquiring what their business was, the OAS pointed out that Marin even spoke to the guards on their behalf in order to be able to get into the SC building.
Under the 2017 Rules on Administrative Cases in the Civil Service, conduct prejudicial to the best interest of the service is a grave offense punishable by suspension of six months and one day to one year on the first offense and dismissal from service on the second.
The 2017 Rules, however, grants the disciplining authority the discretion to consider mitigating circumstances in imposing the penalty.
Thus, while the Court upheld the OAS finding, it extended some leniency on Marin and imposed the penalty of fine of P1,000 with a stern warning that a repetition of the same offense will be dealt with more severely.
The SC took into consideration that it was the first offense she committed in her three decades of service to the judiciary.