Zari vs. Flores

Basic Legal and Judicial Ethics
Badge: Nature of the Case: administrative case
Caption: Title:
HON. REMIGIO E. ZARI, complainant,
vs.
DIOSDADO S. FLORES, respondent.
Keywords: libel, moral turpitude
Date: November 21, 1979

Official Citation/GR No. A.M. No. (2170-MC) P-1356
Ponente: FERNANDEZ, J.:
Syllabus: Doctrines:
Moral turpitude has been defined as including any act done contrary to justice, honesty,
modesty or good morals.
Some of the particular crimes which have been held to involve moral turpitude are
adultery, concubinage, 8 rape, arson, evasion of income tax, barratry, bigamy, blackmail,
bribery, 9 criminal conspiracy to smuggle opium, dueling, embezzlement, extortion,
forgery, libel, making fraudulent proof of loss on insurance contract, murder, mutilation
of public records, fabrication of evidence, offenses against pension laws, perjury,
seduction under promise of marriage, 10 estafa, 11 falsification of public document, 12
estafa thru falsification
Facts:
In a letter dated July 15, 1976 addressed to the Supreme Court, Hon. Remigio E. Zari,
Presiding Judge of Branch VI. City Court of Quezon City, recommended the dismissal
from the service of Mr. Diosdado S. Flores, Deputy Clerk of Court of Branch VI, City
Court, on the following grounds:
1. Conviction for libel on April 28, 1967, (Criminal Case No. Q- 7171), Branch IV, Court
of First Instance, Quezon City), a crime involving moral turpitude. He was sentenced to
pay a fine of P500.00, which he paid on July 18, 1974, under Receipt No. 4736418.
2. Persistent attempts to unduly influence the undersigned amounting to undue interest in

cases pending before Branch VI as shown by his handwritten notes to the undersigned
and to my present deputy clerk of Court, Atty. Reynaldo Elcano.
On March 8, 1976, Mr. Flores was relieved from his position as Deputy Clerk of Court
upon request of the undersigned primarily to dissociate myself from these actuations of
Mr. Flores, which I strongly disapproved of, and to avail my Court of the services of a
full-fledged lawyer with unquestionable integrity. After his transfer, as can be seen from
his handwritten notes, he persisted in taking this unwarranted course of action in at least
three (3) cases of Branch VI.
3. Gross discourtesy to superior officers as manifested by his uncalled for and unjustified
use of strong and contemptuous language in addressing the City Judges, when he wrote a
letter, dated March 11, 1976. 1
Issue:
1. Is his conviction of libel moral turpitude can be a ground for his dismissal.
2. Whether his gross discourtesy can be ground for his dismissal in service.
Ruling:
The evidence of record supports the findings of the investigating judge.
It is a fact that the respondent was convicted of libel in Criminal Case No. Q-7171 of the
Court of First Instance of Rizal, Branch IV, at Quezon City. 7 While this fact alone is not
sufficient to warrant disciplinary action, the respondent's conviction for libel shows his
propensity to speak ill of others. His letter dated March 11, 1976 to Judge Minerva C.
Genovea, then Executive Judge of the City Court of Quezon City 8 contains defamatory
and uncalled for language.
The handwritten notes of the respondent regarding different cases pending in Branch VI
of the City Court of Quezon City, presided by the complainant, Judge Remigio E. Zari,
show that the respondent had exerted undue influence in the disposition of the cases
mentioned therein. 9
It is true that conviction for libel does not automatically justify removal of a public
officer. 10 However, the fact of conviction for libel of the respondent, taken together with
the letter he wrote to then Executive City Judge of the City Court of Quezon City, Judge
Minerva C. Genovea, shows the tendency of the respondent to malign people.
Respondent's act of interfering in the cases pending before Branch VI of the City Court of
Quezon City presided by the complainant is inimical to the service. This alone warrants
severe disciplinary measures.
In his affidavit subscribed and sworn to before then City Judge Oscar A. Inocentes on
June 10, 1969, the respondent stated "That I am a person of good moral character and
integrity and have no administrative, criminal or police record. " This averment is not true
because the respondent had been convicted of libel in Criminal Case No. Q-7171, of the
Court of First Instance of Rizal, Branch IV, in a sentence dated April 28, 1967. This
prevarication in a sworn statement is another ground for serious disciplinary action.
The removal from the service of the respondent is warranted by the evidence adduced
during the investigation conducted by Judge Sergio A. F. Apostol of the Court of First
Instance of Rizal, Branch XVI, Quezon City.
WHEREFORE, the respondent, Diosdado S. Flores, is hereby DISMISSED as Deputy

Clerk of Court of Branch VI of the City Court of Quezon City, with forfeiture of all
retirement privileges and with prejudice to reinstatement in the national and local
governments, as well as, in any government instrumentality or agency including
government owned or controlled corporations effective upon the finality of this decision.
Let a copy of this decision be attached to his personal record.
SO ORDERED.

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Zari vs. Flores

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Basic Legal and Judicial Ethics

Badge: Nature of the Case: administrative case

Keywords: libel, moral turpitude

Date: November 21, 1979

Ponente: FERNANDEZ, J.:

2. Persistent attempts to unduly influence the undersigned amounting to undue interest in

The evidence of record supports the findings of the investigating judge.

WHEREFORE, the respondent, Diosdado S. Flores, is hereby DISMISSED as Deputy

Let a copy of this decision be attached to his personal record.

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