Case Digest: RUFINO CASIMIRO v. JUDGE OCTAVIO FERNANDEZ, et al.

RUFINO CASIMIRO v. JUDGE OCTAVIO FERNANDEZ, et al.

422 SCRA 293 (2004)

The Code of Judicial Conduct dictates that a judge should avoid impropriety and the appearance of impropriety in all activities.

Petitioner Rufino Casimiro filed complaint against respondents Judge Octavio Fernandez and Clerk of Court Teresita Esteban for refusing to return his P4,000.00 cash bond which he posted for his provincial liberty in a criminal case despite its dismissal.

Casimiro gave the cash bond to Fernandez who, in turn, handed it to Esteban with the directive that the latter issue the corresponding receipt. No receipt was issued, however. As despite the order directing Esteban to release Casimiro’s cash bond, the latter failed to secure it. Esteban asserted that Casimiro did not post the cash bond with her, in support of which she submitted a copy of an undated letter from Mrs. R. Fernandez, the wife of Judge Fernandez, wherein Mrs. Fernandez stated that she had ―sent [complainant] P4,000.00 [via] Allied [Bank] check addressed to Atty. [Lamberto] Magbintang.‖

Fernandez averred that ―the cash bond of P4,000 of Mr. Rufino Casimiro was already received by him, when [he] personally sent him a check for refund thereof,‖ which the latter had encashed.

ISSUES:

1.) Whether or not Fernandez is guilty of Grave Misconduct and Dishonesty when they did not follow the usual procedure for the acceptance of cash bail bonds and the return thereof

HELD:

While there is no direct and hard evidence that Judge Fernandez made personal use of the cash bond, his wife’s issuance of her personal check to Casimiro in the amount of the cash bond, to have been drawn from an account which was treated as ―a joint account‖ with his wife, indicates so. His subsequent justification for such issuance of a check by his wife – mistaken belief – is too shallow to merit persuasion.

By his actuations then Judge Fernandez placed his honesty and integrity under serious doubt.

Judge Fernandez’s paying back of the collection does not thus absolve him.