Professional Documents
Culture Documents
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RULING
We adopt the findings of the Investigating Justice, except as to the
recommended penalty.
As a matter of public policy, not every error or mistake of a judge
in the performance of his official duties renders him liable. In the
absence of fraud, dishonesty or corruption, the acts of a judge in
his official capacity do not always constitute misconduct although
the same acts may be erroneous. True, a judge may not be
disciplined for error of judgment, absent proof that such error was
made with a conscious and deliberate intent to cause an injustice.
This does not mean, however, that a judge need not observe
propriety, discreetness and due care in the performance of his
official functions.
Here, what is appalling is not only did respondent judge deviate
from the requirement of a hearing where there is an application for
bail, respondent judge granted bail to Miralles without neither
conducting a hearing nor a motion for application for bail.
Respondent judges justification that he granted bail, because he
found the evidence of the prosecution weak, cannot be sustained
because the records show that no such hearing for that purpose
transpired. What the records show is a hearing to determine the
existence of probable cause, not a hearing for a petition for bail.
The hearing for bail is different from the determination of the
existence of probable cause. Clearly, in the instant case,
respondent judges act of fixing the accuseds bail and reducing
the same motu proprio is not mere deficiency in prudence,
discretion and judgment on the part of respondent judge, but a
patent disregard of well-known rules. When an error is so gross
and patent, such error produces an inference of bad faith,
making the judge liable for gross ignorance of the law.22
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The provisions of the Revised Penal Code in bail are so clear and
unmistakable that there can be no room for doubt or even
interpretation. There can, therefore, be no excuse for respondent
judges error of law. It hardly speaks well of the legal background
of respondent judge, considering his length of service when he
failed to observe procedural requirements before granting bail. To
top it all, the actuations of respondent judge towards the
complainants, as shown by his use of abusive and insulting words
against complainants in open court, and his correspondence with
the Court, are evident of his partiality to the accused. All these
taken into consideration, respondent judge deserves a penalty of
suspension of three (3) months and one (1) day for the two (2)
cases, instead of P20,000.00 fine for each of the cases, as
recommended by the Investigating Justice.
WHEREFORE, respondent JUDGE CRISOLOGO BITAS,
Presiding Judge of the Regional Trial Court, Branch 7, Tacloban
City, is hereby SUSPENDED from service for a period
of THREE (3) MONTHSand ONE (1) DAY without pay,
and WARNED that a repetition of the same or similar offense will
warrant the imposition of a more severe penalty.
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Despite the directive of the court a quo, Sps. Marcelo failed to file
their comment and/or opposition. Nonetheless, Judge Pichay, set
Sps. Magopoys previous motion for reconsideration as well as
their supplemental motion for hearing.
Issue:
In his Comment Judge Pichay attributed the delay to the new
arguments raised in Sps. Magopoys supplemental motion. In
particular, he considered the denial of the sales application of Sps.
Marcelo over the subject property, as brought to his attention by
Sps. Magopoy, as a supervening event that may materially
change the situation of the parties and, thus, render the execution
of the subject decision inequitable. Therefore, in the interest of
justice and equity, he scheduled the supplemental motion for
hearing in order to be better apprised of the situation of the
parties. Unfortunately, the hearing dates therefor were further
reset due to the requests of Sps. Marcelo, and because he went
on sick leave from June 8 to 29, 2010.
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Held:
YES. The Constitution requires our courts to conscientiously
observe the time periods in deciding cases and resolving matters
brought to their adjudication, which, for lower courts, is three (3)
months from the date they are deemed submitted for decision or
resolution. Section 15, Article VIII of the 1987 Philippine
Constitution (1987 Constitution) states this rule, viz.:
Section 15. (1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-four
months from date of submission for the Supreme Court, and,
unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.
In consonance with the foregoing, Section 5, Canon 6 of the New
Code of Judicial Conduct For the Philippine Judiciary states that:
Sec. 5. Judges shall perform all judicial duties, including the
delivery of reserved decisions, efficiently fairly and with
reasonable promptness.
An inexcusable failure to decide a case within the prescribed 90day period constitutes gross inefficiency, warranting the imposition
of administrative sanctions such as suspension from office without
pay or fine on the defaulting judge. The fines imposed vary in
each case, depending chiefly on the number of cases not decided
within the reglementary period and other factors, such as the
presence of aggravating or mitigating circumstances, the damage
suffered by the parties as a result of the delay, the health and age
of the judge, and other analogous circumstances.
As correctly observed by the OCA in this case, Judge Pichay
failed to resolve the subject motions, within the 3 month-period
prescribed therefor. Records show that Sps. Marcelos period to
file their comment/opposition to the supplemental motion and/ or
rejoinder to the reply lapsed on October 18, 2009,44 at which time,
the pending incidents were already deemed submitted for
resolution.
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that Judge Pichay was held administratively liable for the same
offense, and hitherto warned that a repetition of a similar infraction
would warrant a more severe penalty, the Court deems it apt to
increase the fine recommended by the OCA from P10,000.00 to
P12,000.00.
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RULING:
We agree with the recommendation of both Justice GonzalesSison and the OCA for the imposition of a fine on the respondent
but modify the amount as indicated below. We sustain Justice
Gonzales-Sisons finding of gross ignorance of the law in so far as
the respondent ordered the creation of a management committee
without conducting an evidentiary hearing. The absence of a
hearing was a matter of basic due process that no magistrate
should be forgetful or careless about.
Even granting that the respondent indeed erred in the exercise of
her judicial functions, these are, at best, legal errors correctible
not by a disciplinary action, but by judicial remedies that are
readily available to the complainant. "An administrative complaint
is not the appropriate remedy for every irregular or erroneous
order or decision issued by a judge where a judicial remedy is
available, such as a motion for reconsideration or an appeal."23
Errors committed by him/her in the exercise of adjudicative
functions cannot be corrected through administrative proceedings
but should be assailed instead through judicial remedies.24
In the present case, aside from being speculative and judicial in
character, the circumstances cited by the complainant were
grounded on mere opinion and surmises. The complainant, too,
failed to adduce proof indicating the respondents predisposition to
decide the case in favor of one party. This kind of evidence would
have helped its cause. The bare allegations of the complainant
cannot overturn the presumption that the respondent acted
regularly and impartially. We thus conclude that due to the
complainants failure to establish with clear, solid, and convincing
proof, the allegations of bias and partiality must fail.
In the present case, nothing in the records suggests that the
respondent was motivated by bad faith, fraud, corruption,
dishonesty or egregious error in rendering her decision approving
the modified rehabilitation plan. Besides his bare accusations, the
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10
11
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Judge Flores also claims that while he may have erred in taking
cognizance of Gandarosas cases, he did so in good faith and
without malice.
Ruling: (1) NO. The Office of the Court Administrator did not
discuss the charges of manifest partiality, denial of due process
and conduct prejudicial to the interest of the service. This implies
that Judge Flores is not guilty of these charges. In any event, we
dismiss the charge of manifest partiality against Judge Flores for
complainants failure to prove by extrinsic evidence this serious
allegation. We cannot presume that Judge Flores was biased and
partial simply because he enjoined the implementation of Hefti
18
25
(3) YES. We agree with the Office of the Court Administrator that
Judge Flores committed gross ignorance of the law but we
dismiss the other charges.
On the issue of Jurisdiction: When a law or a rule is basic,
judges owe it to their office to simply apply the law. Anything less
is gross ignorance of the law. There is gross ignorance of the law
when an error committed by the judge was gross or patent,
1wphi1
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BLATANT DISREGARD OF BASIC, ELEMENTARY, AND WELLKNOWN RULES OF PROCEDURE AND LAW
ATTY. REY FERDINAND T. GARAY, Petitioner,
vs.
JUDGE ROLANDO S. VENADAS, SR., Respondent.
A.M. No. RTJ-06-2000, A.M. No. RTJ-06-2000
DEL CASTILLO, J.
FACTS:
A judge owes the public and the court the duty to know the law by
heart and to have the basic rules of procedure at the palm of his
hands.
This involves two consolidated cases: (1) a Petition for Review on
Certiorari under Rule 45 of the Rules of Court assailing the
Decision and Resolution of the Court of Appeals ; and (2) an
Administrative Complaint against Judge Rolando S. Venadas, Sr.
(Judge Venadas, Sr.) of the RTC of Malaybalay, Bukidnon,
Branch 8, for Grave Abuse of Authority and Grave Misconduct.
Spouses Reynaldo and Hilly G. Sombilon were the previous
owners of a 601-square meter property, with two buildings
constructed on it, in South Poblacion, Maramag, Bukidnon. The
said property, which they mortgaged to the Philippine National
Bank as security for their loan, was foreclosed and sold at public
auction, where PNB emerged as the winning bidder. The one-year
redemption period lapsed but spouses Sombilon failed to redeem
the property.
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RULING:
In his defense, Judge Venadas, Sr. contends that he did not annul
the Writ of Possession but merely stayed its execution and
implementation to prevent any injustice. He insists there was no
violation of due process because he immediately scheduled a
hearing for PNB to present its evidence.
The OCA, in its Report, found Judge Venadas, Sr. administratively
liable for grave abuse of authority bordering on gross ignorance of
procedure. It found Judge Venadas, Sr. guilty of blatantly
disregarding Sections 4, 5, and 6 of Rule 15 of the Rules of Court
when he acted on the defective motion filed by spouses Sombilon.
ISSUES:
(1) Whether Judge Venadas, Sr. committed grave abuse of
discretion in holding in abeyance the implementation of the Writ of
Possession; and
(2) Whether he should be administratively sanctioned for holding
in abeyance the implementation of the Writ of Possession and for
disregarding Sections 4, 5, and 6, Rule 15 of the Rules of Court.
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In this case, the redemption period had long lapsed when PNB
applied for the issuance of the Writ of Possession. In fact, the title
over the subject property had already been consolidated in PNBs
name. Thus, it was ministerial upon Judge Venadas, Sr. to issue
the Writ of Possession in favor of PNB, the registered owner of the
subject property. The alleged invalidity of the sale is not a ground
to oppose or defer the issuance of the Writ of Possession as this
does not affect PNBs right to possess the subject property.
2. YES. The Court agrees with the findings of the OCA. Records
show that spouses Sombilon failed to comply with the three-day
notice rule and the required proof of service embodied in Sections
4, 5, and 6 of Rule 15 of the Rules of Court, thereby rendering the
motion fatally defective. Despite this, Judge Venadas, Sr. still took
cognizance of the motion filed by spouses Sombilon, depriving
PNB and Atty. Garay of their right to due process.
in order to strip him of the ownership of the said lot. The document
was notarized by a certain Atty. Mata without the complainants
presence and thereafter Judge Lucmayon told him that he no
longer had any right over the same. Lopez also asserted that
Judge Lucmayon had cause Pedro Lucmayon (father of
respondent) and his siblings to execute a Supplemental
Extrajudicial Settlement of Moises Legaspino and Victoria Lopez
to his damage and prejudice because his name and that of his
adoptive mother were excluded. He claimed that as the legal heirs
of his adoptive father, who in turn inherited the property from his
late mother Victoria Lopez, their exclusion from the settlement
was an act of dishonesty to which the respondent should be held
administratively liable.
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xxxx
Respondent, in his defense, vehemently denied the imputations
hurled against him.
1. He asserted that he could not be the contact or "connect" of
Napoles at the Sandiganbayan for he never met or came to know
her during the pendency of the Kevlar case;
2. Challenging Benhur's testimony that he fixed or "inayos" the
Kevlar case, respondent claimed that it was decided based on the
merits by the Sandiganbayan Fourth Division as a collegial body.
The two other members of the court, Justice Jose R. Hernandez
(ponente) and Justice Maria Cristina J. Cornejo, are independentminded jurists who could not be pressured or influenced by
anybody, not even by their peers;
3. On Benhur's allegation that respondent received an amount of
money from Napoles prior to the promulgation of the decision in
the Kevlar case, respondent deplored the fact that Benhur was
attempting to tarnish his reputation without any proof. And that it is
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In this light, it does not matter that the case is no longer pending
when improper acts were committed by the judge. Because
magistrates are under constant public scrutiny, the termination of
a case will not deter public criticisms for acts which may cast
suspicion on its disposition or resolution. As what transpired in this
case, respondent's association with Napoles has unfortunately
dragged the Judiciary into the "Pork Barrel" controversy which
initially involved only legislative and executive officials. Worse,
Napoles' much-flaunted "contact" in the judiciary is no less than a
Justice of the Sandiganbayan, our special court tasked with
hearing graft cases. We cannot, by any stretch of indulgence and
compassion, consider respondent's transgression as a simple
misconduct.
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HELD: YES.
SC Administrative Circular No. 3-92 explicitly states that the Halls
of Justice may only be used for functions related to the
administration of justice and for no other purpose. Similar thereto,
Section 3, PartI of A.M. No. 01-9-09-SC also provides for similar
restrictions regarding the use of the Halls of Justice, to wit:
Sec. 3. USE OF [Halls of Justice] HOJ.
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Sec. 3.1. The HOJ shall be for the exclusive use of Judges,
Prosecutors, Public Attorneys, Probation and ParoleOfficers and,
in the proper cases, the Registries of Deeds, including their
support personnel.
Sec. 3.2. The HOJ shall be used only for court and office
purposes and shall not be used for residential, i.e., dwelling or
sleeping, or commercial purposes.
Sec. 3.3. Cooking, except for boiling water for coffee or similar
beverage, shall not be allowed in the HOJ.20(Emphasis and
underscoring supplied)
In this case, complainants evidence had sufficiently established
that respondent used his chambers in the Hall of Justice as his
residential and dwelling place. As correctly pointed out by both the
Investigating Justice and the OCA, respondents defense that he
rented a house did not negate the possibility that he used the Hall
of Justice as his residence, since it is possible that a person could
be renting one place while actually and physically residing in
another.
Further, the Investigating Justice and the OCA correctly found
respondent guilty of Immorality.1wphi1 Immorality has been
defined "to include not only sexual matters but also conduct
inconsistent with rectitude, or indicative of corruption, indecency,
depravity, and dissoluteness; or is willful, flagrant, or shameless
conduct showing moral indifference to opinions of respectable
members of the community, and an inconsiderate attitude toward
good order and public welfare.
WHEREFORE, respondent Judge Celso L. Mantua of the
Regional Trial Court of Palompon, Leyte, Branch 17 is found
GUILTY of Immorality and violation of Administrative Circular No.
3-92 in relation to A.M. No. 01-9-09-SC. Accordingly, he is hereby
February 4, 2015
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complaint; that she was forced to leave her family in Cebu City to
continue her law studies elsewhere because she could no longer
bear the discriminating and judgmental eyes of her classmates
brought about by Judge Paredes frequent discussions in class of
her mothers administrative cases
Jill claimed that the intention to humiliate her family was evident
when Judge Paredes branded her brother, Francis, as a "drug
addict."
Rejoinder of Judge Paredes
In his Rejoinder, dated December 2, 2011, Judge Paredes
asserted that it was not premature to discuss the marriage scams
in class because the scandal was already disclosed by Atty.
Rullyn Garcia and was also written in many legal publications, and
that the drug addiction of Francis was known in the Palace of
Justice of Cebu City.
1
In its Report, dated September 12, 2012, the Office of the Court
Administrator (OCA) stated that the conflicting allegations by the
parties presented factual issues that could not be resolved based
on the evidence on record then. Considering the gravity and the
sensitive natureof the charges, a full-blown investigation should be
conducted by the CA.
On January 14, 2013, pursuant tothe recommendation of the
OCA, the Court referred the administrative complaint to the
Executive Justice of the CA, Cebu Station, for investigation, report
and recommendation within sixty (60) days from receipt of the
records.11
On March 26, 2013, the case was raffled to, and the records were
received by, Justice Diy.
In her Report and Recommendation, Justice Diy found Judge
Paredes guilty of conduct unbecoming of a judge. She opined that
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The Court shares the view of Justice Diy that although the
reasons of Judge Paredes for discussing the marriage scams in
his classes seemed noble, his objectives were carried out
insensitively and in bad taste.
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REYES, J.:
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The fact that Judge Balut fully paid his cash liabilities will not
shield him from the consequences of his wrongdoings. His
unwarranted interference in the Court collections deserves
administrative sanction and not even the full payment of his
accountabilities will exempt him from liability. "It matters not that
these personal borrowings were paid as what counts is the fact
that these funds were used outside of official business."
Similarly, his nearly 22 years in the service would not serve to
mitigate his liability. His offense was not a single or isolated act
but it constituted a series of acts committed in a span of several
years. In other words, he was a repeated offender, perpetrating
his misdeeds with impunity not once, not twice, but several times
in three (3) different stations.
Time and time again, this Court has emphasized that "the judge is
the visible representation of the law, and more importantly, of
justice. It is from him that the people draw their will and awareness
to obey the law. For the judge to return that regard, he must be
the first to abide by the law and weave an example for others to
follow."
WHEREFORE, finding Judge Alexander Balut GUILTY of gross
misconduct, the Court hereby imposes upon him the penalty of
DISMISSAL from the service, with forfeiture of all retirement
benefits and with prejudice to re-employment in any branch of the
government, including government-owned and controlled
corporations, except the money value of accrued earned leave
credits.
Judge Balut is hereby ORDERED to cease and desist immediately
from rendering any order or decision, or from continuing any
proceedings, in any case whatsoever, effective upon receipt of a
copy of this resolution.
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FACTS: Francisco Perico Dizon, et. al. filed a petition before the
MCTC of San Jose-Presentacion, Camarines Sur praying for the
exclusion of Ariel and Charlene Mae G. Muhlach (Spouses
Muhlach) from the list of voters of Precinct No. 10A, Brgy. San
Juan, San Jose, Camarines Sur. The case was docketed as Spec.
Pro. No. 80.
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She alleged that after Judge Begino decided the case in favor of
the petitioners and ordered the exclusion of Spouses Muhlach
from the voters list, Spouses Muhlach appealed the decision to
the RTC. It was raffled to Branch 40 presided over by Judge Noel
Paulite (Judge Paulite) who eventually rendered a decision
affirming the decision of Judge Begino.
EJ Arroyo submits that should Judge Paulite grant the motion for
inhibition, a dilemma would arise because the case would be
assigned to Branch 58 where she is the presiding judge, there
being only two branches in RTC San Jose. She claimed that such
scenario would lead her to inhibit from the case because of the
administrative complaint filed against her. Consequently, the case
will be referred to the nearest RTC and raffled among the judges
in that jurisdiction. She opined that other delaying tactics may be
employed, and soon, it would already be elections day without the
case having decided. Finally, she averred that she had been a
judge for 11 years and this is the first time that an administrative
case has been filed against her.
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BRION, J.
7. Judge Lampasa failed to decide ten (10) criminal cases
FACTS: This administrative matter arose from the judicial audit
conducted by an audit team from the Office of the Court
Administrator at the Municipal Trial Court in Cities (MTCC),
Calbayog City, Samar, then presided by Judge Felimon S.
Tandinco, Jr. The judicial audit was done prior to Judge
Tandinco's retirement. Judge Tandinco was assisted in his court
by Judge Alma-Uy-Lampasa (Judge Lampasa). Thereafter, Judge
Lampasa's appointment was revoked.
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The audit team observed that many of the case folders were not
presented to them while the other case records were not accurate
due to the absence of the latest court orders. Records also
showed that neither Judge Tandinco nor Judge Lampasa
requested an extension of time within which to decide the cases
submitted before them.
Finally, the audit team reported that: several case records were
not chronologically arranged and lacked certain documents (i.e.,
certificates of arraignment, formal offer of evidence, writs of
execution); the case rollos/records of the cases that were jointly
tried lacked a mother record containing all documents; summons
were issued in criminal cases falling under the Rule on Summary
Procedure; there were no records indicating that the accused had
system.
This is embodied in Rule 3.05, Canon 3 of the Code of
Judicial Conduct which states that a judge shall dispose of
the court's business promptly and decide cases within the
required periods; and in Section 5, Canon 6 of the New Code
of Judicial Conduct for the Philippine Judiciary (which
provides thatjudges shall perform all judicial duties, including
the delivery of reserved decisions, efficiently, fairly, and with
reasonable promptness).10
No less than the Constitution requires that cases at the trial
court level be resolved within three (3) months from the date
they are submitted for decision, that is, upon the filing of the
last pleading, brief, or memorandum required by the Rules of
Court or by the court itself.11 This three-month or ninety-day
period is mandatory12 and failure to comply can subject the
judge to disciplinary action.
HELD:
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In the present case, Judge Tandinco did not deny the veracity of
the audit team's findings that he failed to decide several criminal
and civil cases submitted for decision, as well as the pending
motions and incidents submitted for resolution. The audit team's
report showed that the Court, through Administrative Order No.
152-2007 dated October 8, 2007, directed Judge Tandinco to
decide within six (6) months from notice all cases submitted for
decision. The Court further required him to submit to the OCA
monthly progress reports with attached copies of the decisions.
Judge Tandinco failed to do so.
cases pending before his sala and to take note of the cases that
were ripe for decision or resolution. More importantly, Judge
Tandinco had the sworn duty to decide the cases and to resolve
the matters without undue delay. If he had known that he could
not decide the cases within the reglementary period, he should
have requested additional time to decide the cases. Judge
Tandinco never did.
YES. Judge Lampasa is liable. The court find that her explanation
- the revocation of her designation was way beyond the
reglementary period to decide the cases - does not sufficiently
justify the delay in the disposition of the court's business. Based
on the OCA report, in almost two years of her designation as
Assisting Judge of the MTCC, Calbayog City, Samar, Judge
Lampasa still failed to resolve the motions and incidents in ninety-
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reason for failing to present the case records to the audit team. He
likewise failed to attach the copy of any order, resolution, or
decision on the said cases.
We also note the audit team's report that several case records
were not chronologically arranged and lacked certain documents
(i.e., certificates of arraignment, formal offer of evidence, writs of
execution); the court's docket books need updating, and the rollos
and records of the cases that were jointly tried lacked a mother
record containing all documents. These circumstances clearly
indicate poor management of the court docket and poor record
keeping.
Dioneda, whose responsibilities include ensuring that the case
records are safely kept and organized and are readily available
upon the request of the proper parties, was himself remiss in the
performance of his functions. His failure to immediately present all
the case records prevented the audit team from examining and
auditing the cases with accuracy. Branch clerk of courts must
realize that their administrative functions are vital to the prompt
and proper administration of justice. They play a big role in the
complement of the court and thus cannot be permitted to slacken
in their jobs under one pretext or another.
For Dioneda's failure to comply with the Court's Resolutions dated
April 26, 2010; February 7, 2011; and March 23, 2011,
respectively, we find him guilty of simple neglect of duty.
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Facts: In April 29, 2013, Judge Ruiz was found guilty by the
Sandiganbayan of graft and malversation of public funds which he
committed while still a city mayor. His MR and MNT being denied,
he brought his case to the SC for review, then went on leave of
absence and applied for optional retirement, which is supposedly
Issue 1: W/N the Court still has jurisdiction over Judge Ruiz after
his separation from the service
Yes. That a judge has retired or has otherwise been separated
from the service does not necessarily divest the Court of its
jurisdiction; the jurisdiction existing at the time of the filing of the
administrative complaint was not lost by the mere fact that the
respondent had ceased in office during the pendency of his case.
Nor does separation from office render a pending administrative
charge moot and academic. The Court retains jurisdiction either to
pronounce the respondent public official innocent of the charges
or declare him guilty thereof.
A contrary rule would be fraught with injustice and pregnant with
dreadful and dangerous implications. If innocent, respondent
3G 2015-2016
SAN BEDA COLLEGE MENDIOLA
3G 2015-2016
SAN BEDA COLLEGE MENDIOLA