Case Digest: OCA vs Usman, AM No. SCC-08-21, October 19, 2011

                         New Code of Judicial Conduct, Propriety |     Legal Ethics


Facts:

An administrative proceeding was initiated from a letter-complaint requesting a lifestyle check on Judge Uyag P. Usman.

Complaint alleges Judge Usman acquired a brand new SUV worth ₱1,526,000.00 and paid in cash for the down payment. Complainant raises concerns about Judge Usman's irregular attendance at work and his limited income due to loans.

Judge Usman explains that the vehicle was second-hand, acquired through a promotional offer, and paid for by his mother. He denies supporting all seven of his children and asserts that only three are under his care. Judge Usman refutes claims of absenteeism, providing affidavits from his staff and a member of a religious group.

The Office of the Court Administrator (OCA) finds Judge Usman's explanation credible but holds him liable for failing to file his Statement of Assets, Liabilities, and Net Worth (SALN) for 2004-2008.

Issue:

WoN the respondent judge is administratively liable. YES.

Held:

The Court agrees with the finding of the OCA that the charges against respondent were not fully substantiated. The evidence adduced in the case, consisting of documents submitted by respondent are sufficient to prove that it was, indeed, his mother who paid the down payment and the monthly amortizations for the subject vehicle.

The Court also agrees with the OCA that respondent is guilty of violating Section 7 of R.A. No. 3019 and Section 8 of R.A. No. 6713.

It is imperative that every public official or government employee must make and submit a complete disclosure of his assets, liabilities and net worth in order to suppress any questionable accumulation of wealth. This serves as the basis of the government and the people in monitoring the income and lifestyle of public officials and employees in compliance with the constitutional policy to eradicate corruption, to promote transparency in government, and to ensure that all government employees and officials lead just and modest lives,6 with the end in view of curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public service.

In the present case, respondent clearly violated the law when he failed to file his SALN for the years 2004-2008. He gave no explanation either why he failed to file his SALN for five (5) consecutive years. While every office in the government service is a public trust, no position exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the Judiciary. Hence, judges are strictly mandated to abide with the law, the Code of Judicial Conduct and with existing administrative policies in order to maintain the faith of our people in the administration of justice.

Ruling:

WHEREFORE, the Court finds respondent Uyag P. Usman, Presiding Judge, Shari’a Circuit Court, Pagadian City, GUILTY of violation of Section 7, R.A. No. 3019 and Section 8, R.A. No. 6713 and orders him to pay a FINE of Five Thousand Pesos (₱5,000.00) with a STERN WARNING that a repetition of the same or similar act will be dealt with more severely.


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