OFFICE OF THE COURT

ADMINISTRATOR, complainant vs.

JUDGE EVELYN ARCAYA-CHUA,
RTC, BRANCH 144, MAKATI CITY,
AND COURT STENOGRAPHER
VICTORIA C. JAMORA, RTC
BRANCH 144, MAKATI CITY,
respondents
A.M. No. RTJ-08-2141
April 23, 2010
NAME OF  Justice Salazar-Fernando
PARTIES  Victoria C. Jamora
 Judge Evelyn Arcaya-Chua
PONENTE  Per Curiam
FACTS  There was a judicial audit conducted on May 15 to
17, 2007 at the RTC of Makati City, Branch 144
following reports of alleged irregularities
committed by the respondent.

 In a memorandum by the Office of the Court

Administrator, which was dated on August 10,
2007, as early as May 12, 2007, the Court had
already ordered the padlocking of Branch 144 and
assigned guards on a 24-hour basis to guard it. The
members of the audit team made it clear to OIC
Victoria C. Jamora and the court personnel present
on May 15, 2007, that the actions on the records
even the stitching should be held in abeyance and
that no records should be brought outside the court
until after audit.
OCA vs. Judge Evelyn Arcaya-Chua and Victoria C. Jamora– cont.

 The guards on duty, Joel Gregorio and Alexander

Dayap had discovered that Salvador Indicio, Jr.,
Utility Worker I of Branch 144 had disposed
plastic bag at 8:05 a.m. of May 17, 2007.

 When the plastic bag was surrendered to the audit

team, it was found out that it contained copies of
marriage certificated of marriages solemnized by
Judge Chua numbering to hundreds. The utility
worker was confronted, and he said that he Judge
instructed him to dispose it several days ago. He
was also asked why he chose to dispose it that
time of all the days. He could not offer and
answer. However, he disclosed that there were
other bags for disposal kept inside the
stenographers, particularly OIC Victoria C.
Jamora. When investigated, it was discovered that
it contained more copies of marriage certificates.
Jamora said that he was aware of the copies of
marriage certificates but he had control over it as
Judge Arcaya-Chua personally handled it.

 Respondent Judge Arcaya-Chua was charged for

the 1,975 copies of marriage certificate for
marriages she solemnized for the period covering
January 2004 to April 2007 for 1). Allegedly
ordering Salvador Indicio Jr., Uttility Worker I, to
dispose of the said copies of marriage certificated;
2). Unpaid marriage solemnization fees of one
thousand eight hundred nine (1,809) marriages as
verified from the Metropolitan Trial Court
(MeTC), Office of the Clerk of Court (OCC),
Makati City and the RTC, OCC, Makatic City,
which deprived the Court of the said fees in the
total amount of Five Hundred Forty-Two
Thousand Seven Hundred Pesos (Php 542,700) at
OCA vs. Judge Evelyn Arcaya-Chua and Victoria C. Jamora– cont.

the rate of Three Hundred Pesos (Php 300,00) per

marriage; and 3). Failing to reflect said marriages
in the Monthly Report of Cases.

 The respondent Judge had filed her Affidavit, in

lieu of Comment, regarding the OCA
Memorandum on February 10, 2009.

 Regarding the disposal of the copies of marriage

certificates which she ordered to Salvador Indicio,
Jr., she stated that she asked the help of Noel
Umipig for the packing of her personal belongings
in anticipation of the impending transfer of her
sala from the Gusali ng Katarungan to the Makati
City Hall. Umipig did so and he arranged the
marriage certificates inside four, more or less, big
plastic bags and placed them in the small room
that was between her chambers and the
stenographers’ room. The transfer was cancelled.
She did not bother to return the files of marriage of
certificates and official receipts to easily transfer it
in case it would be necessary. About the second
week of May 2007, she Indicio to throw away
bags of garbage accumulated. She did not know
that he threw even those which contained marriage
certificates. When Indicio called her, she scoded
the former. She stressed that she would not have
instructed him to throw away the marriage
certificates.

 Regarding the unpaid marriage solemnization fees,

she said that the best proof of this is the official
receipts which was with the marriage certificates.
She could not have allowed non-payment as it is
known that she had already solemnized a big
number of weddings per day and she knew the
consequences of solemnizing marriage. Moreover,
 OCA vs. Judge Evelyn Arcaya-Chua and Victoria C. Jamora– cont.

she said that the Clerks of Court of the OCC of the

MeTC and RTC erred in verifying the records
whether there was payment of the marriage or non
because usually, the dates of the wedding in the
marriage certificates don’t take place with the
payment of the solemnization fee.

 Regarding the failure to reflect the marriages in

the Monthly Report of Cases, she said that she was
shocked upon knowing that the Court’s copy of
the Reports contained incorrect figures and was
different from that which she signed because it
was her staff, Civil-in-Charge Celedonio
Hornachos and Criminal-in-Charge Mary Jane
Rafael who typed those. She believed that it was
Umipig who tampered with the blank and incorrect
figures appearing in the number of marriages
solemnized in the Monthly Reports from January
2004- March 2007 as the latter had grudge on her.
OCA’S FINDINGS  Justice Salazar-Fernando as the investigating
officer recommended that there is substantial
evidence of an anomaly in respondent Judge
Arcaya-Chua's solemnization of marriages in her
court and failure to reflect the correct number of
marriages in her Monthly Reports. Out of 1,975
marriages solemnized by respondent judge, the
court records showed that only 166 marriages were
paid. It was believed that Judge Arcaya-Chua
financially benefited from solemnizing the
numerous marriages by the fact that these were not
correctly reflected in the monthly reports and
insufficient solemnizing fees were paid to the
court.
FINDINGS OF THE  The Court agreed with the findings of
COURT Investigating Justice Salazar-Fernando.

 It is settled that in administrative proceedings, the

OCA vs. Judge Evelyn Arcaya-Chua and Victoria C. Jamora– cont.

quantum of proof required to establish

malfeasance is substantial evidence. In A.M. No.
RTJ-08-2141, there is substantial evidence that
respondent Judge Arcaya-Chua did not report in
her Monthly Reports the actual number of
marriages she solemnized during her stint in the
MeTC, Makati City, Branch 63 and in the RTC,
Makati City, Branch 144, and that the
solemnization fees that were paid did not
correspond to the number of marriages that were
solemnized by her.

 The conduct of respondent judge in A.M. No.

RTJ-08-2141 is violative of the provisions of the
New Code of Judicial Conduct, thus:
 Canon 1, Sec. 4. A judge shall not allow family,
social, or other relationships to influence judicial
conduct or judgment. The prestige of judicial
office shall not be used or lent to advance the
private interests of others, nor convey or permit
others to convey the impression that they are in a
special position to influence the judge.

 The Court has held:

 All those who don the judicial robe must always

instill in their minds the exhortation that the
administration of justice is a mission. Judges, from
the lowest to the highest levels, are the gems in the
vast government bureaucracy, beacon lights
looked upon as the embodiments of all what is
right, just and proper, the ultimate weapons against
injustice and oppression.

 Those who cannot meet the exacting standards of

judicial conduct and integrity have no place in the
 OCA vs. Judge Evelyn Arcaya-Chua and Victoria C. Jamora– cont.

judiciary. This Court will not withhold penalty

when called for to uphold the people’s faith in the
judiciary.
RULING  WHEREFORE, in view of the foregoing, the
Court holds that:
In A.M. No. RTJ-08-2141, Judge Arcaya-Chua is found
GUILTY of gross misconduct and punished with
DISMISSAL from the service, with forfeiture of all
benefits, excluding accrued leave credits, with prejudice
to re-employment in any government agency or
instrumentality.