JUDICIAL INTEGRITY OFFICE V. JUDGE. ALFONSO M. CINCO
- G.R. Number: A.M. No. RTJ-25-114
- Promulgated: 2025-12-03
Doctrine
## Facts of the Case On January 7, 2023, vacancies for judgeship positions were opened, and on February 3, 2023, Judge Alfonso M. Cinco IV, then a public prosecutor, applied for a presiding judge position. At the time of his application, his clearances showed no pending cases against him, and he was placed in the first preference classification. The Judicial and Bar Council (JBC) shortlisted him, and this was transmitted to the Office of the President (OP) on August 2, 2023. Unbeknownst to the JBC, on May 23, 2023, a complaint for violation of Republic Act No. 10168 (Terrorism Financing Prevention Act of 2012) was filed against the Community Empowerment Resources Network (CERNET), of which Judge Cinco was a council member. The Department of Justice (DOJ) issued a subpoena to Judge Cinco on August 10, 2023, to which he filed a counter-affidavit on September 8, 2023. On May 10, 2024, the DOJ filed an information against him and others, and on May 14, 2024, a warrant of arrest was issued, prompting Judge Cinco to post bail. Judge Cinco was appointed presiding judge of Branch 29, RTC, Catbalogan City, Samar, on August 30, 2024, and took his oath on September 2, 2024. The Office of the Court Administrator (OCA) brought to the Chief Justice's attention the pending criminal case against Judge Cinco, noting that it was filed after his application but before his appointment. Judge Cinco was directed to show cause for his failure to report the criminal case. In his Compliance, he admitted knowledge of the complaint in August 2023 and the filing of the Information on May 10, 2024. He apologized, claiming he was preoccupied with his duties, personal problems, and the legal defense of his case, and believed he only needed to wait for his appointment. The Judicial Integrity Board (JIB) recommended finding Judge Cinco liable for serious dishonesty but not for the commission of a crime involving moral turpitude, proposing dismissal from service. The JIB noted his ample time to inform the JBC and OP but failed to do so. The Court issued a Resolution on May 20, 2025, preventively suspending Judge Cinco for 90 days. ## Issues 1. Whether Judge Cinco should be held administratively liable for the commission of a crime involving moral turpitude. 2. Whether Judge Cinco should be held administratively liable for serious dishonesty. ## Decision / Rationale **Issue 1:** The Court finds that Judge Cinco **cannot be held administratively liable for the commission of a crime involving moral turpitude** due to lack of evidence. The criminal case for violation of Republic Act No. 10168 against him is still pending, and there is no judgment of conviction yet. The mere finding of probable cause by the DOJ and the subsequent filing of the Information do not automatically constitute substantial evidence for administrative liability. While administrative cases are independent of criminal cases and require a lower quantum of proof, no substantial evidence was adduced to prove that Judge Cinco actually committed the crime charged. **Issue 2:** The Court finds Judge Cinco **liable for serious dishonesty** for deliberately failing to inform the JBC of the criminal case filed against him after his application and prior to his appointment. **Dishonesty** is defined as intentionally making a false statement or practicing deception. Every prospective appointee to the Judiciary has an imperative **duty of disclosure** regarding any criminal, civil, and/or administrative case. Although no case was pending against Judge Cinco at the time of his initial application in February 2023, he received a subpoena from the DOJ on August 10, 2023, concerning the criminal complaint. An Information was filed on May 10, 2024, and he posted bail on May 14, 2024, all before his appointment on August 30, 2024, and oath-taking on September 2, 2024. Judge Cinco was bound by an undertaking in his Personal Data Sheet (PDS) to inform the JBC of any development affecting the information…