ANNA JANE D. LIHAYLIHAY vs. JUDGE ALEJANDRO T. CANDA A.M. No. MTJ-06-1659 June 18, 2009

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."

Allegedly, Judge Canda harassed and publicly humiliated Lihaylihay when: (1) he asked her to stay away from Alimpolo, (2) when she reported the matter to the police, he took it as a "declaration of war" and warned her that she will have her "fair share of trouble in due time"; (3) indeed, three days after sending the threatening text message, he filed a complaint with Judge Tomarong accusing her of several things, asking that she be disciplined and removed from the service, and describing her as a "GRO," "undignified," a "whore," "disgusting," "repulsive," and "pakialamera"; (4) two days after filing the first complaint, he filed another complaint accusing her of violating office rules and describing her as "offensive," "demeaning," "inappropriate," a "GRO," "undignified," "repulsive," and a "whore"; (5) still unsatisfied, he had his second complaint published in the newspaper; and (6) when she published her comment in the newspaper, he filed a criminal case for libel against her.

Lihaylihay filed a complaint dated 20 January 2006 with the Office of the Court Administrator (OCA) 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.

Issue:

Whether or not the text messages presented as evidence suffices to convict Judge Canda for sending the petitioner threatening messages.

Held:

The charges that Judge Canda sent Lihaylihay indecent text messages and that he failed to pay the required legal fees are unsubstantiated, thus, they must be dismissed. In administrative proceedings, the complainant has the burden of proving, by substantial evidence or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, the allegations in the complaint. The Court cannot rely on mere conjectures or suppositions.

However, Court finds Judge Alejandro T. Canda, Municipal Circuit Trial Court, Liloy-Tampilisan, Judicial Region IX, Zamboanga del Norte, Guilty of Gross Misconduct Constituting Violations od the Code of Judicial Conduct.