SC dismisses RTC clerk for soliciting money from litigant
THE Supreme Court dismissed a Regional Trial Court clerk for soliciting and receiving money from a litigant’s parent in exchange for finding them a Public Attorney’s Office (PAO) lawyer.
In a resolution, the SC En Banc found Gerald Eric F. Sanchez, Clerk III of the RTC, Cabuyao City, Laguna, guilty of gross misconduct and ordered his dismissal.
He is also perpetually disqualified from holding any government position.
The mother of an accused in a pending criminal case filed a complaint against Sanchez for promising to help them with their cases in exchange for P100,000.
An RTC Cabuyao City Judge also requested the Office of the Court Administrator to investigate Sanchez following reports that he had been acting as a fixer or middleman, soliciting money from litigants in exchange for securing PAO representation and expediting the resolution of their cases.
After investigation, the Judicial Integrity Board (JIB) recommended Sanchez’s dismissal for gross misconduct.
The SC agreed with the JIB’s findings, ruling that despite his denials, Sanchez had indeed accepted money for personal gain.
Canon IV, Section 5 of the Code of Conduct for Court Personnel states that “[c]ourt personnel shall not recommend private attorneys to litigants, prospective litigants, or anyone dealing with the Judiciary.”
As Clerk III, Sanchez was not authorized to collect or receive money from any litigant.
However, he asked and accepted P50,000 in cash from the litigant and had an additional P50,000 deposited into his mother’s account.
His actions went beyond mere assistance and amounted to “fixing,” which is the act of serving as a middleman between a litigant and a decision maker, for a fee, to facilitate court processes.
The SC emphasized that assistance should only extend to what is legitimately within the scope of one’s duties as a public servant.
It cannot go beyond what is allowed by law, and should never involve accepting a fee, gift, or personal benefit.
In light of his willful violation of the Code of Conduct for Court Personnel, which constitutes gross misconduct, the SC imposed upon Sanchez the ultimate penalty of dismissal.
