NUEZ vs.

CRUZ-APAO
A.M. No. CA-05-18-P April 12, 2005

FACTS:
The complaint arose out of respondents solicitation of One Million Pesos
(P1,000,000.00) from Zaldy Nuez (Complainant) in exchange for a speedy and favorable
decision of the latters pending case in the Court of Appeals.
Complainant earlier sought the assistance of Imbestigador. The crew of the TV program
accompanied him to PAOCCF-SPG where he lodged a complaint against respondent for
extortion. Thereafter, he communicated with respondent again to verify if the latter was still
asking for the money and to set up a meeting with her. Upon learning that respondents offer of
a favorable decision in exchange for One Million Pesos (P1,000,000.00) was still standing, the
plan for the entrapment operation was formulated by Imbestigador in cooperation with the
PAOCC.
During the hearing of this case, respondent would like the court to believe that she never
had any intention of committing a crime, that the offer of a million pesos for a favorable decision
came from complainant and that it was complainant and the law enforcers who instigated the
whole incident.
When she was asked if she had sent the text messages contained in complainants
cellphone and which reflected her cellphone number, respondent admitted those that were not
incriminating but claimed she did not remember those that clearly showed she was transacting
with complainant.
Respondent thus stated that she met with complainant only to tell the latter to stop calling
and texting her, not to get the One Million Pesos (P1,000,000.00) as pre-arranged.
ISSUE: Whether or not the Cruz-Apao is guilty of grave misconduct.
HELD:
If indeed, respondent had no intention of committing any wrongdoing, it escapes the
Court why she had to make up stories merely to test if complainant could make good on his
alleged boast that he could come up with a million pesos. It is not in accord with ordinary human
experience for an honest government employee to make up stories that would make party-
litigants believe that court decisions may be bought and sold.
Respondent having worked for the government for twenty four (24) years, nineteen (19)
of which have been in the CA, should have known very well that court employees are held to the
strictest standards of honesty and integrity. Their conduct should at all times be above suspicion.
As held by this Court in a number of cases, The conduct or behavior of all officials of an agency
involved in the administration of justice, from the Presiding Judge to the most junior clerk,
should be circumscribed with the heavy burden of responsibility. Their conduct must, at all
times be characterized by among others, strict propriety and decorum in order to earn and
maintain the respect of the public for the judiciary.
WHEREFORE, premises considered, respondent Elvira Cruz-Apao is found GUILTY of
GRAVE MISCONDUCT and violation of SECTIONS 1 and 2 of the CODE OF CONDUCT
FOR COURT PERSONNEL and is accordingly DISMISSED from government service, with
prejudice to re-employment in any branch, instrumentality or agency of the government,
including government-owned and controlled corporations. Her retirement and all benefits except
accrued leave credits are hereby FORFEITED.