ANNA JANE D. LIHAYLIHAY vs. JUDGE ALEJANDRO T. CANDA

ANNA JANE D. LIHAYLIHAY vs. JUDGE ALEJANDRO T. CANDA

A.M. No. MTJ-09-1730 June 18, 2009

          Before the Court are two complaints for grave misconduct filed by Anna Jane D. Lihaylihay (Lihaylihay), Clerk III, Regional Trial Court (RTC), Branch 28, Liloy, Zamboanga del Norte, against Judge Alejandro T. Canda (Judge Canda), Municipal Circuit Trial Court (MCTC), Liloy-Tampilisan, Judicial Region IX, Zamboanga del Norte.

FACTS:

          On 25 February 2005, Sheriff IV Camilo Bandivas (Sheriff Bandivas) of the RTC retired from the service. Lihaylihay alleged that Judge Canda asked Process Server Emmanuel Tenefrancia (Tenefrancia) of the RTC to apply for the position vacated by Sheriff Bandivas. To the dismay of Judge Canda, a certain Jesus V. Alimpolo (Alimpolo) applied for the vacated position. Judge Canda strongly opposed Alimpolo’s application.

          Judge Canda was of the impression that Lihaylihay was assisting Alimpolo in his application for the position of Sheriff IV. On 5 January 2006, Judge Canda sent a text message to Lihaylihay stating, “Maayo tingali modistansya ka anang mga tawhana kay basin masabit ka, pakiusap lang ni.” Taking the text message as a threat, Lihaylihay reported it to the police and requested that a blotter entry be made. On 6 January 2006, Judge Canda sent another text message stating, “For maliciously causing it to appear as threatening in the police blotter of what is otherwise a very harmless text message of appeal I consider the same as declaration of war, don’t worry you will have your owned fair share of trouble in due time.”

          RTC, Judge Canda accused Lihaylihay of (1) actively supporting Alimpolo; (2) using the facilities of the RTC in preparing Alimpolo’s medical certificate; (3) being at the beck and call of Alimpolo; (4) blatantly disregarding the Code of Conduct for Court Personnel; (5) fraudulently scheming against the court; (6) performing highly contemptuous acts; (7) being unworthy of her position as Clerk III; (8) failing to distance herself from Alimpolo; (9) failing to stay neutral; (10) having a distorted sense of values that deserves disciplinary action; (11) being arrogant, insolent and cocky; and (12) disrespecting him. He added that:

          And speaking of Ms. Lihaylihay, it is the observation of the Court employees and the public that her personality does not speak well of her employment with the judiciary which is characterized by the inappropriateness of her attire. She exudes herself like a GRO or going to a party when reporting to work, not to mention her very undignified appearance as a chain smoker which is akin to a WHORE and who does not hesitate to smoke inside the office in the very eyes of her office mates and the public. But what is very disgusting in spite of her being very new to her position is her being an UPSTART who doesn’t care to get involve [sic] in matters that earns the ire and contempt of the court users and her co-workers. She is that repulsive “PAKIALAMERA” type very few would want to associate with. (Emphasis supplied)

         

          The 11 January 2006 letter was published in the 15 January 2006 issue of the Mindanao Observer. The front page headline read, “Huwes miprotesta batok sa seksi nga docket clerk.” The text of the letter was printed in the newspaper with the omission of words which were deemed unprintable.

          In her comment Lihaylihay stated that (1) she did not participate in Alimpolo’s application for the position of Sheriff IV; (2) Judge Canda ridiculed, humiliated, and besmirched her reputation by publishing in the newspaper the 11 January 2006 letter describing her as a GRO and a whore; (3) Judge Canda’s text messages threatened her; and (4) she followed the office dress code. Lihaylihay alleged that Judge Canda wanted Tenefrancia to apply for the position of Sheriff IV so that Tenefrancia’s position as process server would become vacant — Judge Canda’s son, Alejandro Canda, was qualified for the position of process server. Lihaylihay also alleged that, before the present case started, Judge Canda sent her several indecent text messages stating, “You’re sexy today,” “I missed your gorgeous face,” and “I missed your golden voice when you sing.” Lihaylihay also alleged that she was shocked and disgusted when Judge Canda invited her to go out of town with him.

          Alan D. Marapao (Marapao), publisher and editor of Tingog Peninsula, contacted Lihaylihay. He asked her if he could interview her, have a copy of her 20 January 2006 comment, and take her picture. Lihaylihay agreed. Without asking for Lihaylihay’s permission, Marapao published the 20 January 2006 comment in the 22 January 2006 issue of the Tingog Peninsula. Irked, Judge Canda filed a criminal case for libel against Lihaylihay.

          Lihaylihay filed a complaint charging Judge Canda of (1) bullying her; (2) ridiculing, humiliating, and besmirching her reputation by publishing in the newspaper the 11 January 2006 letter describing her as a GRO and a whore; (3) sending her threatening text messages; and (4) sending her indecent text messages. The case was docketed as MTJ-06-1659.

ISSUE:

          Whether or not Judge Canda is liable for gross misconduct by humiliating and sending indecent messages to Lihaylihay.

HELD:

          Judge Canda’s acts of (1) threatening Lihaylihay with her “fair share of trouble in due time”; (2) filing administrative complaints and a criminal case to harass her; (3) describing her as a “GRO,” “undignified,” a “whore,” “disgusting,” “repulsive,” “pakialamera,” “offensive,” “demeaning,” and “inappropriate”; and (4) publishing such foul remarks in the newspaper are very unbecoming a judge. The image of the judiciary is reflected in the conduct of its officials and Judge Canda subjected the judiciary to embarrassment.

          WHEREFORE, the Court finds Judge Alejandro T. Canda, Municipal Circuit Trial Court, Liloy-Tampilisan, Judicial Region IX, Zamboanga del Norte, GUILTY of GROSS MISCONDUCT CONSTITUTING VIOLATIONS OF THE CODE OF JUDICIAL CONDUCT