Callena, Jr. vs. Alzate

A judge's deliberate failure to pay IBP dues for a prolonged period constitutes simple misconduct, violating the New Code of Judicial Conduct, and also breaches the CPRA's mandate for lawyers to promptly pay such dues. The penalty for such misconduct is subject to enhancement when the respondent has a prior finding of administrative liability.

Judge Corpus B. Alzate, Presiding Judge of Branch 2, Regional Trial Court of Bangued, Abra, was administratively charged by complainant Ernesto Callena, Jr. with simple misconduct for knowingly refusing to pay his IBP dues from 2004 to 2021. The complaint alleged that the judge considered himself above the rules and that his actions damaged the integrity of the legal profession.

• Nature of the Charge: Complainant Ernesto Callena, Jr. filed an administrative complaint against Judge Corpus B. Alzate for simple misconduct, alleging the judge knowingly refused to pay his IBP dues from 2004 to 2021.
• Judge Alzate's Admission and Justifications: In his Comment, Judge Alzate admitted his name was not on the list of qualified voters for the 2021 IBP elections due to non-payment of dues. He stated that upon learning of the complaint, he immediately paid PHP 23,100.00 to the IBP Central Office for dues covering 2004-2021. He offered several excuses: (1) a belief from his early career that candidates sometimes "sponsored" dues payments; (2) a past incident where his chapter failed to remit payments, leading to confusion; and (3) reliance on the advice of another judge (Judge Conrado Venus) that government lawyers' arrears would be automatically deducted from retirement benefits.
• Complainant's Rebuttal: Complainant disputed these excuses as "tall tales," arguing that a judge of 22 years should know the rules. He also noted that Judge Alzate had prior administrative liabilities.
• Documentary Evidence: The IBP National Treasurer certified Judge Alzate had arrears from 2004-2021. The IBP Abra Chapter also certified his delinquency. Judge Alzate's own official receipt confirmed his payment was for dues from 2004-2021.
• Judicial Admissions: The Court noted that Judge Alzate's submissions contained clear admissions of his failure to pay, which constituted judicial admissions requiring no further proof.
• Prior Administrative Record: Judge Alzate had been previously found administratively liable in Re: Anonymous Complaint Against Judge Corpus B. Alzate, A.M. No. RTJ-19-2574 (2021), where he was fined and admonished for impropriety and gambling in public.

• Deliberate Refusal: Complainant argued that Judge Alzate's non-payment was a "deliberate [and] stubborn refusal," not an oversight, given his 37 years as a lawyer and 22 years as a judge.
• Invalid Excuses: Complainant maintained that the judge's justifications were attempts to excuse his misconduct and that his reliance on another judge's advice was inexcusable for a member of the bench.
• Pattern of Misconduct: Complainant pointed to Judge Alzate's prior administrative cases to argue for a more severe penalty, asserting the Court had been overly compassionate in the past.

• Good Faith Reliance: Judge Alzate contended his non-payment was a "mental lapse" based on an "honest belief" and "utmost good faith" reliance on the advice of a senior judge.
• Prompt Remedial Action: He emphasized that he immediately paid his arrears upon learning of the complaint.
• Lack of Notice: He argued he never received any notice of delinquency or suspension from the IBP.
• Denial of Influence: He denied having strong connections in the Office of the Court Administrator.

• Misconduct: Whether Judge Alzate's failure to pay IBP dues for 18 years constitutes simple misconduct warranting administrative sanctions.
• Professional Liability: Whether the same act constitutes a violation of the Code of Professional Responsibility and Accountability (CPRA).
• Penalty: Whether the presence of a prior administrative liability should be appreciated as an aggravating circumstance to increase the prescribed penalty.

• Misconduct: The failure to pay IBP dues constitutes simple misconduct. Membership in the IBP is mandatory and automatic for all lawyers, with no exemption for judges. The deliberate non-payment erodes public confidence in the judiciary, violating Canons 1 (Independence), 2 (Integrity), and 4 (Propriety) of the New Code of Judicial Conduct. The judge's justifications were untenable; a judge is expected to know and abide by the rules, not rely on erroneous informal advice.
• Professional Liability: The act also violates the CPRA. Canon III, Section 26 of the CPRA requires lawyers to promptly pay annual IBP dues. Violation of IBP rules is a light offense under the CPRA. The complaint specifically stated it was also a disciplinary action against Judge Alzate as a lawyer, satisfying the requirement of Rule 140, Section 4.
• Penalty: The prior administrative liability is an aggravating circumstance. Under Section 19 of Rule 140, as amended, and the CPRA, a previous finding of administrative liability allows for the imposition of a fine not exceeding double the maximum prescribed. The base penalty for simple misconduct (a less serious charge) is a fine up to PHP 100,000.00. With the aggravating circumstance, the fine was increased to PHP 150,000.00. For the CPRA violation (a light offense), a fine of PHP 50,000.00 was imposed.

• Mandatory IBP Membership and Dues — Membership in the Integrated Bar of the Philippines is automatic and compulsory for all lawyers, including members of the judiciary. The payment of annual dues is a continuing obligation, and no law or rule exempts any class of members from this requirement. Failure to comply subjects the member to administrative discipline.
• Judicial Admissions — An admission made by a party in the course of the proceedings (e.g., in pleadings, motions, or manifestations) does not require further proof and conclusively binds the admitting party, removing the admitted fact from controversy.
• Aggravating Circumstance of Prior Administrative Liability — Under both the amended Rule 140 of the Rules of Court and the CPRA, a prior finding of administrative liability where a penalty was imposed is an aggravating circumstance. This authorizes the Court to impose a penalty (suspension or fine) up to double the maximum amount otherwise prescribed for the new offense.

• "The non-payment of IBP dues by a sitting member of the bench, no less, erodes public confidence in the judicial system in contravention of Canons 1, 2, and 4 of the New Code of Judicial Conduct."
• "Judge Alzate's deliberate choice not to pay his IBP dues falls beyond the standard expected of members of the judiciary. His act is not only reproachable but also blatantly improper."

• Re: Letter of Rafael Dimaano, 813 Phil. 510 (2017) — Cited for the standard that substantial evidence is the quantum of proof required in administrative proceedings.
• Re: Anonymous Complaint Against Judge Corpus B. Alzate, A.M. No. RTJ-19-2574 (2021) — The respondent judge's prior administrative case, cited as the basis for appreciating the aggravating circumstance of previous liability.

• Rule 139-A, Section 1, Rules of Court — Establishes the IBP as an official body composed of all members of the bar.
• IBP Revised By-Laws, Sections 18 & 23 — Provide for mandatory membership and the obligation to pay annual dues.
• New Code of Judicial Conduct, Canons 1, 2, and 4 — Require judges to uphold independence, integrity, and propriety to maintain public confidence in the judiciary.
• Rule 140, Rules of Court, as amended by A.M. No. 21-08-09-SC — Governs the discipline of judges and court personnel. Sections 15, 17, and 19 define less serious charges, their sanctions, and modifying (aggravating/mitigating) circumstances.
• Code of Professional Responsibility and Accountability (CPRA), Canon III, Section 26 & Canon VI, Section 38 — Mandates lawyers to pay IBP dues promptly and classifies violation of IBP rules as a light offense.

Gesmundo, C.J., Leonen, SAJ., Caguioa, Inting, Zalameda, M. Lopez, Rosario, J. Lopez, Dimaampao, Marquez, Kho, Jr., and Singh, JJ., concur. Hernando, J., on official business. Gaerlan, J., on official leave.