HIGHEST COURT. File photo of the Supreme Court of the Philippines.HIGHEST COURT. File photo of the Supreme Court of the Philippines.

SC dismisses, disbars Benguet RTC clerk over bribery, misconduct

2026/01/01 17:41

LA TRINIDAD, Philippines – The Supreme Court (SC) has dismissed from government service and disbarred Atty. Jurgens SJ. Milan, Clerk of Court V of the Regional Trial Court in La Trinidad, Benguet, for grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service.

In a July 8, 2025 en banc decision, published on the website of the Supreme Court of the Philippines on December 21, 2025, the Court found that Milan repeatedly demanded and received money, mishandled land titles entrusted to him, falsely claimed he could influence court proceedings, and violated ethical standards governing court personnel and lawyers.

The ruling stemmed from a complaint filed by Shirley K. Tiwaken, who accused Milan of abusing his position while acting as clerk of court and ex-officio sheriff.

The Court found that Milan demanded ₱10,000 for the supposed safekeeping of three land titles, later collected ₱35,000 in several tranches for alleged case follow-ups, and subsequently asked for another ₱25,000 after falsely claiming that a court decision had already been issued.

These acts, the Court said, constituted bribery and grave misconduct.

The Court also ruled that Milan released original land titles without court authority to individuals not entitled to receive them, including relatives of an opposing litigant.

It found that he deliberately omitted these actions from his sheriff’s return and misrepresented facts to make it appear that the turnover of the titles complied with court orders.

In underscoring the seriousness of the violations, the Court said: “There is no place in the Judiciary for those who cannot meet the exacting standards of judicial conduct and integrity.”

Although the acts were committed before 2023, the Court applied the Code of Professional Responsibility and Accountability (CPRA), which took effect in May 2023.

Citing the CPRA’s transitory provision, the Court ruled that the code applies retroactively to pending cases, unless doing so would be unjust or impracticable. It found no such injustice in Milan’s case and held that his actions violated both the former Code of Professional Responsibility and the CPRA’s heightened standards for lawyers and court personnel.

The Court stressed that the CPRA reinforces the rule that lawyers in government service must observe propriety, avoid conflicts of interest, and never exploit their position for personal gain.

The Supreme Court ordered Milan’s dismissal from service, with forfeiture of all benefits except accrued leave credits, and imposed permanent disqualification from reemployment in government, including government-owned and -controlled corporations.

It also ordered his immediate disbarment, striking his name off the Roll of Attorneys. The Court emphasized that “membership in the legal profession is a privilege,” which must be withdrawn once a lawyer is shown to be unworthy of public trust.

Separately, the Court found that Milan ignored repeated directives from the Office of the Court Administrator to submit his comment on the complaint, taking more than two years to comply.

For this, the Court imposed a ₱18,000 fine, ruling that the delay amounted to insubordination and reflected disregard for the Court’s administrative authority.

The Court said clerks of court hold positions of trust at the frontlines of the justice system, and warned that abuses by court personnel erode public confidence in the Judiciary. – Rappler.com

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