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RE: INCIDENT REPORT OF SECURITY DIVISION

FACTS:

Cloyd Garra, a Judicial Staff Employee II at the Philippine Judicial Academy (PHILJA) Training Center, was reported by Eddie Macapanas and Archie Comilan for violating the PHILJA Training Center House Rules. It was alleged that Garra had violated the rules concerning the reception of visitors when he was observed entering a room closely followed by Maria Edwina Sampaga, who was participating in a seminar at the Training Center. CCTV footage showed that they stayed inside the room for approximately 22 minutes before leaving separately. Garra admitted to the incident and explained that Sampaga is his common-law wife of over 14 years. However, it was later discovered that Garra is legally married to another person named Melissa Osbual.

Further investigation revealed that Garra had not declared his marriage with Osbual in his Statement of Assets, Liabilities, and Net Worth (SALN) forms. Garra confirmed his marriage with Osbual but stated that they have not been living together since 2003. He claimed that since 2005, he has been living with Sampaga and they have been raising their children together. Garra did not seek to annul his marriage with Osbual in order to prioritize providing for his children's living expenses and education.

The Office of Administrative Services (OAS) evaluated the charges against Garra and recommended that he be found guilty of Violation of Reasonable Office Rules and Regulations, Immorality (Disgraceful and Immoral Conduct), and Dishonesty. The OAS recommended a one-year suspension for Garra, with a warning of more severe punishment for a repeat offense.

ISSUES:

  1. Whether respondent Garra violated the house rules of the Philippine Judicial Academy (PHILJA) Training Center.

  2. Whether respondent Garra is guilty of immorality for maintaining a common-law relationship with Sampaga while being legally married to Osbual.

  3. Whether respondent Garra is guilty of dishonesty for failing to declare his marriage to Osbual in his Statement of Assets, Liabilities and Net Worth (SALN) forms.

RULING:

  1. The Office of Administrative Services (OAS) found that respondent Garra violated the house rules of the PHILJA Training Center.

  2. The OAS found respondent Garra guilty of immorality for maintaining a common-law relationship with Sampaga while being legally married to Osbual. The OAS recommended a suspension of six (6) months and one (1) day for the first offence, and dismissal from the service for a second offence.

  3. The OAS found respondent Garra guilty of dishonesty for failing to declare his marriage to Osbual in his SALN forms. The OAS recommended a suspension for one (1) year.

PRINCIPLES:

  • Violation of Office Rules and Regulations - Violation of reasonable office rules and regulations constitutes a light administrative offense, punishable by reprimand for the first offense.

  • Immorality - Maintaining a common-law relationship while being legally married constitutes the administrative offense of immorality, punishable by suspension for six (6) months and one (1) day for the first offense, and dismissal from the service for the second offense.

  • Dishonesty - Deliberate misrepresentation or omission of a material fact in an official document amounts to the administrative offense of dishonesty. Dishonesty covers a broad range of conduct and connotes untrustworthiness and lack of integrity.