"x x x.
In Office of the Court Administrator v. Lopez,23 the Court explained the difference between simple misconduct and grave misconduct, thus:
The Court defines misconduct as “a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer.” 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, which must be established by substantial evidence. As distinguished from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of established rule, must be manifest in a charge of grave misconduct.
In this case, Judge Indar issued decisions on numerous annulment of marriage cases which do not exist in the records of RTC-Shariff Aguak, Branch 15 or the Office of the Clerk of Court of the Regional Trial Court, Cotabato City. There is nothing to show that (1) proceedings were had on the questioned cases; (2) docket fees had been paid; (3) the parties were notified of a scheduled hearing as calendared; (4) hearings had been conducted; or (5) the cases were submitted for decision. As found by the Audit Team, the list of case titles submitted by the Local Civil Registrars of Manila and Quezon City are not found in the list of cases filed, pending or decided in RTC, Branch 15, Shariff Aguak, nor in the records of the Office of the Clerk of Court of the Regional Trial Court, Cotabato City. In other words, Judge Indar, who had sworn to faithfully uphold the law, issued decisions on the questioned annulment of marriage cases, without any showing that such cases underwent trial and complied with the statutory and jurisprudential requisites for voiding marriages. Such act undoubtedly constitutes gross misconduct.
The Court condemns Judge Indar’s reprehensible act of issuing Decisions that voided marital unions, without conducting any judicial proceedings. Such malfeasance not only makes a mockery of marriage and its life-changing consequences but likewise grossly violates the basic norms of truth, justice, and due process. Not only that, Judge Indar’s gross misconduct greatly undermines the people’s faith in the judiciary and betrays public trust and confidence in the courts. Judge Indar’s utter lack of moral fitness has no place in the Judiciary. Judge Indardeserves nothing less than dismissal from the service.
The Court defines dishonesty as:
x x x a “disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray.”24
In this case, Judge Indar issued Decisions on numerous annulment of marriage cases when in fact he did not conduct any judicial proceedings on the cases. Not even the filing of the petitions occurred. Judge Indar made it appear in his Decisions that the annulment cases complied with the stringent requirements of the Rules of Court and the strict statutory and jurisprudential conditions for voiding marriages, when quite the contrary is true, violating Canon 3 of the Code of Judicial Conduct which mandates that a judge “perform official duties honestly.”
As found by the Audit Team, the list of cases submitted by the Local Civil Registrars of Manila and Quezon City do not appear in the records of cases received, pending, or disposed by RTC-Shariff Aguak, Branch 15, which Judge Indar presided. The cases do not likewise exist in the docket books of the Office of the Clerk of Court, RTC-Cotabato. The Audit Team also noted that the case numbers in the list are not within the series of case numbers recorded in the docket books of either RTC-Shariff Aguak or RTC-Cotabato.
Moreover, Judge Jabido, Acting Presiding Judge of RTC-Shariff Aguak, Branch 15, verified the records of the trial court and found nothing to show that proceedings were had on the questioned annulment cases. There was nothing in the records to show that (1) petitions were filed; (2) docket fees were paid; (3) the parties were notified of hearings; (4) hearings were calendared and actually held; (5) stenographic notes of the proceedings were taken; and (6) the cases were submitted for decision.
Among the questioned annulment decrees is Judge Indar’s Decision dated 23 May 2007, in Spec. Proc. No. 06-581, entitled “Chona Chanco Aguiling v. Alan V. Aguiling.” Despite the fact that no proceedings were conducted in the case, Judge Indar declared categorically, in response to the Australian Embassy letter, that the Decision annulling the marriage is valid and that petitioner is free to marry. In effect, Judge Indar confirms the truthfulness of the contents of the annulment decree, highlighting Judge Indar’s appalling dishonesty.
The Court notes that this is not Judge Indar’s first offense. In A.M. No. RTJ-05-1953,25 the Court imposed on him a fine of P10,000 for violating Section 5, Rule 58 of the Rules of Court, when he issued a preliminary injunction without any hearing and prior notice to the parties. In another case, A.M. No. RTJ-07-2069,26 the Court found him guilty of gross misconduct for committing violations of the Code of Judicial Conduct and accordingly fined him P25,000.
Since this is Judge Indar’s third offense, showing the depravity of his character and aggravating27 the serious offenses of gross misconduct and dishonesty,28 the Court imposes on Judge Indar the ultimate penalty of dismissal from the service, with its accessory penalties, pursuant to Section 11, Rule 140 of the Rules of Court.29
This administrative case against Judge Indar shall also be considered as a disciplinary proceeding against him as a member of the Bar, in accordance with AM. No. 02-9-02-SC.30This Resolution entitled “Re: Automatic Conversion of Some Administrative Cases Against Justices of the Court of Appeals and the Sandiganbayan; Judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar,” provides:
Some administrative cases against Justices of the Court of Appeals and theSandiganbayan; judges of regular and special courts; and the court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action ofmembers of the Bar for violation of the Lawyer’s Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.
In any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. (Emphasis supplied)
Indisputably, Judge Indar’s gross misconduct and dishonesty likewise constitute a breach of the following Canons of the Code of Professional Responsibility:
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND FOR LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful act.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION.
In addition, Judge Indar’s dishonest act of issuing decisions making it appear that the annulment cases underwent trial and complied with the Rules of Court, laws, and established jurisprudence violates the lawyer’s oath to “do no falsehood, nor consent to the doing of any in court.” Such violation is also a ground for disbarment. Section 27, Rule 138 of the Rules of Court provides:
SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds therefor. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. (Emphasis supplied)
In Samson v. Caballero,31 where the Court automatically disbarred the respondent judge, pursuant to the provisions of AM. No. 02-9-02-SC, the Court held:
Under the same rule, a respondent “may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as member of the Bar.” The rule does not make it mandatory, before respondent may be held liable as a member of the bar, that respondent be required to comment on and show cause why he should not be disciplinary sanctioned as a lawyer separately from the order for him to comment on why he should not be held administratively liable as a member of the bench. In other words, an order to comment on the complaint is an order to give an explanation on why he should not be held administratively liable not only as a member of the bench but also as a member of the bar. This is the fair and reasonable meaning of “automatic conversion” of administrative cases against justices and judges to disciplinary proceedings against them as lawyers. This will also serve the purpose of A.M. No. 02-9-02-SC to avoid the duplication or unnecessary replication of actions by treating an administrative complaint filed against a member of the bench also as a disciplinary proceeding against him as a lawyer by mere operation of the rule. Thus, a disciplinary proceeding as a member of the bar is impliedly instituted with the filing of an administrative case against a justice of the Sandiganbayan, Court of Appeals and Court of Tax Appeals or a judge of a first- or second-level court.
It cannot be denied that respondent’s dishonesty did not only affect the image of the judiciary, it also put his moral character in serious doubt and rendered him unfit to continue in the practice of law. Possession of good moral character is not only a prerequisite to admission to the bar but also a continuing requirement to the practice of law. If the practice of law is to remain an honorable profession and attain its basic ideals, those counted within its ranks should not only master its tenets and principles but should also accord continuing fidelity to them. The requirement of good moral character is of much greater import, as far as the general public is concerned, than the possession of legal learning. (Emphasis supplied)
Considering that Judge Indar is guilty of gross misconduct and dishonesty, constituting violations of the Lawyer’s Oath, and Canons 1 and 7 and Rule 1.01 of the Code of Professional Responsibility, Judge Indar deserves disbarment.
In so far as Atty. Silongan, is concerned, we adopt Justice Borreta’s recommendation to conduct an investigation on her alleged participation in the authentication of the questioned Decisions.
WHEREFORE, the Court finds respondent Judge Cader P. Indar, Al Haj, Presiding Judge of the RTC, Branch 14, Cotabato City and Acting Presiding Judge of the RTC, Branch 15,Shariff Aguak, Maguindanao, guilty of Gross Misconduct and Dishonesty for which he isDISMISSED from the service, with forfeiture of all benefits due him, except accrued leave benefits, if any, with prejudice to re-employment in any branch of the government, including government-owned or controlled corporations.
Judge Indar is likewise DISBARRED for violation of Canons 1 and 7 and Rule 1.01 of the Code of Professional Responsibility and his name ORDERED STRICKEN from the Roll of Attorneys.
Let a copy of this Decision be entered into Judge Indar’s record as a member of the bar and notice of the same be served on the Integrated Bar of the Philippines and on the Office of the Court Administrator for circulation to all courts in the country.
The Office of the Court Administrator is ORDERED to investigate Atty. Umaima L. Silongan, Acting Clerk of Court of the Regional Trial Court, Cotabato City, on her alleged participation in the authentication of the questioned Decisions on the annulment of marriage cases issued by Judge Indar.
Let copies of this Decision be forwarded to the Local Civil Registrars of the City of Manila and Quezon City, the same to form part of the records of Decisions of Judge Indar on the annulment of marriages filed with their offices.
This Decision is immediately executory.
SO ORDERED.