ATTY. JOSE VICENTE D. FERNANDEZ, Complainant, - versus - JUDGE ANGELES S. VASQUEZ, Respondent. |
A.M. No. RTJ-11-2261 (Formerly oca ipi No.
10-3386- RTJ)
Present: CORONA,
C. J., CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, BRION,
PERALTA,
BERSAMIN, DEL
CASTILLO, ABAD,
VILLARAMA, JR., PEREZ,
MENDOZA, and
SERENO,*
JJ. . Promulgated: July 26, 2011 |
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PEREZ, J.:
This
is an administrative complaint for gross dishonesty and falsification of an
official document against Judge Angeles
S. Vasquez, Regional Trial Court (RTC), Branch 13, Ligao City.
The Antecedents
In
a complaint[1] received by the Office of
the Court Administrator (OCA) on 7 March 2010, Atty. Jose Vicente D. Fernandez
stated that he was the counsel of Dr. Maria Susan L. Raola in several cases
instituted for the recovery of the properties the latter conjugally owned with
her late husband Ronald O. Raola. The
cases were against Spouses Fernando and Maria Concepcion Raola (Spouses Raola). Spouses Raola also instituted an ejectment
case against Dr. Raola. These cases
were docketed as S.P. No. 431 (Petition for Letters of Administration and
Settlement of Estate), Civil Case No. 2400 (Fernando and Ma. Concepcion Raola
vs. Ma. Susan Raola), Civil Case No. 2352 (Ma. Susan Raola, et al. vs. Spouses
Fernando and Ma. Concepcion Raola), and
People vs. Fernando and Ma. Concepcion Raola, et al. All these were raffled to the court presided
over by respondent Judge Vasquez.
Complainant
reported that during the first week of February 2006, he was asked by respondent
judge to file a motion for his inhibition in Civil Case No. 2352 on the ground
that respondent judge was the counsel, prior to his appointment as public
prosecutor, of the Raola family. Hence,
complainant filed a Motion for Inhibition[2] dated
23 February 2006 seeking for the recusal of the judge but citing as a ground
instead, his blood relationship with respondent judge. Complainant is closely related by blood with
respondent judge since his late paternal grandmother is also a Vasquez, from
the Vasquez clan to which respondent belongs.
No
action was taken by respondent judge on the Motion. It was only after a year, i.e., 28 February
2007, after complainant filed a Supplemental Motion for Inhibition,[3] on
the ground of manifest bias, partiality and inexcusable delay in the
proceedings, that respondent judge ruled and denied the two motions in an Order[4]
dated 13 March 2007.
According
to complainant, the Supplemental Motion for Inhibition was triggered by the
apparent bias of respondent judge for the Spouses Raola. This partiality was allegedly manifested in
the following instances: (1) respondents
undue insistence that complainants client unconditionally agree to his
proposed compromise agreement which is downright unfavorable to them; (2)
concluding the pre-trial proceedings more than a year after it was started; (3)
ordering complainants client to pay docket fees beyond that prescribed by the
Rules; and (4) requiring the payment of a P5,000.00 witness fee before a
hostile witness could be compelled to take the witness stand.
Complainant
asserts that the partiality of respondent towards Spouses Raola is
well-rooted, as detailed in the sworn statement[5] of
Buenconsejo B. Quides. The said
affidavit narrated respondents transactional relationship with the Spouses
Raola which started when he was still an assistant provincial prosecutor, and
continued to his present position as presiding judge of RTC, Branch 13, Ligao
City. In exchange of favors, respondent allegedly
used the coercive power of his public office to serve the private interests of
the spouses.
Claiming
that the allegations in the motions for his inhibition were lies and an affront
to his integrity, respondent judge filed on 24 April 2007 a Petition with the
Commission on Bar Discipline to seek the disbarment of complainant. In a Notice of Resolution[6]
dated 6 February 2008, the IBP Commission on Bar Discipline resolved to dismiss
the disbarment case. In view of such dismissal, a Petition for Review was filed
by respondent before this Court, docketed as A.C. No. 7884.
Complainant
laments that despite the filing of the disbarment case, respondent still
refused, on a third Motion for Inhibition, to recuse himself. Instead of inhibiting himself from the case,
respondent in his 12 June 2007 Order[7]
denied the motion and suggested that complainant withdraw his appearance as
counsel in the case, as well as in other related cases.
Another
matter that complainant emphasized in his complaint was the dishonesty
allegedly committed by respondent when he accomplished his Personal Data Sheet
(PDS) for the Judicial and Bar Council (JBC).
Complainant alleged that when respondent filed his application to the
Judiciary in 2005, he placed an x in the box indicating a No answer to the
question: Have you been charged with or
convicted of or otherwise imposed a sanction of any law, decree, ordinance or
regulation by any court, tribunal, or any other government office, agency or
instrumentality in the Philippines or any foreign country, or found guilty of
an administrative offense or imposed any administrative sanction? (Question No.
24), and Have you ever been retired, dismissed or forced to resign from
employment? (Question No. 25).
Complainant
submitted that respondent lied by answering No to these questions since he
had been criminally charged for indirect bribery in the early 1970s. He alleged that this fact is evidenced by
the record in Criminal Case No. 7911, filed on 11 December 1974, before the City
Court of Legazpi, indicting respondent for Indirect Bribery. With regard to Question No. 25, respondent allegedly
likewise lied because he tendered his resignation from his position as clerk of
court to evade the administrative case that may arise from the indirect bribery
incident.
Complainant
asserted that in brazenly giving untruthful statements in his PDS, respondent
committed dishonesty and falsification of public documents. Thus, he filed the instant administrative
case with the prayer that respondent be dismissed from the Judiciary.
In
his Comment[8] dated 4 May 2010,
respondent prayed that the administrative complaint filed against him be
dismissed. He clarified that the in-chamber
conferences held in Civil Case No. 2352 resulted in the amicable settlement of
the case based on the stipulation of the parties. As to the question of docket fees, he
explained that he merely followed Section 7, Rule 141 of the Rules. He also explained that in requiring
complainants client to pay P5,000.00 witness fee, he was merely being
sensitive to the needs of the accountant who was based in Naga City and who had
to spend for the trip and meals in coming over to the court, not to mention her
loss of income.
He
denied that he favored the causes of the Spouses Raola. He explained that while he was then a
prosecutor in Ligao, he had to handle all criminal cases within his assigned
jurisdiction. Unavoidably, he had to
pass upon cases filed and prosecuted by the Raolas. Respondent maintained that the fact that the
Spouses Raola cases were filed in his sala, does not necessarily mean that he
is biased in their favor.
As
to the affidavit of Quides, respondent claimed that this is self-serving and
mere hearsay, devoid of any materiality and ought not to be admitted.
On
the issue of dishonesty, respondent averred that in answering Questions 24 and
25, there was no attempt on his part to falsify or perjure his PDS. He does not deny the fact that he was charged
with indirect bribery. He explained that
what he could vaguely recall of the embarrassing, traumatic and grueling
incident which led to his having been charged with indirect bribery was that it
was due to his leftist association and leaning. He alleged that the dictatorship then wanted
to silence everyone, more so, the young professionals of government bureaus and
offices.[9] As he
could not be hailed to a court martial for his supposed communist stance, he
was set up with a planted evidence to pave the way for the filing of a
criminal case against him for indirect bribery.[10] He emphasized that he was never caught in flagrante delicto. The evidence against him, to reiterate, were
merely set up by the military, thus, his acquittal.
Contrary
to complainants assertions, respondent maintained that he was not forced to
resign as a clerk of court. He noted
that the indirect bribery case was filed on 11 December 1974 while he resigned
as a clerk of court on 30 April 1973 (more than one year before the indirect
bribery case was filed). He allegedly
resigned out of disgust and conviction that the government he was serving was
not protecting its own civil servants but was out to silence anyone so that its
stranglehold could be perpetrated.[11]
Respondent
bemoans the struggles his family had to go through because of the trumped up
charge for indirect bribery. He alleged
that in his resolute attempt to forever bury the scandal from his memory, he
was so successful that he has absolutely forgotten the matter, only to be
revived after a lapse of 36 years, with the filing of the instant
administrative case. He was sort of
enveloped by amnesia as far as the incident was concerned, so much so that in
answering Question No. 24 in his PDS, he automatically and without a blink of
an eye, checked the word No.[12]
In
a Reply[13] dated
17 May 2010, complainant stated that respondents defense of amnesia of the
selective kind is a defense already thrown out by jurisprudence. He insisted that respondent misrepresented
and falsified his PDS to conceal the information that would have hurt his
eligibility for the position he was applying for.
Complainant
furnished the Court with a copy of the 31 October 2008 Decision[14]
of the Court of Appeals (CA) in CA-G.R. SP No. 101266 which declared null and
void for having been issued with grave abuse of discretion amounting to lack or
excess of jurisdiction respondents Orders dated 16 May 2007 on the issue of
filing fees and 13 June 2007 and 14 August 2007 on the issue of witness fee.
OCAs Report and Recommendation
In its Report[15]
dated 3 November 2010, the OCA found respondent administratively liable for:
(a) his failure to act with dispatch on the motion for his inhibition in Civil
Case No. 2352; and (b) dishonesty. The
OCA did not sustain respondents flimsy defense of amnesia in concealing from
his PDS the fact that he was charged with indirect bribery. Being charged with a crime is an incident in
ones life that cannot be easily forgotten, especially when the same is made in
connection with the performance of ones duty.
In the instant case, respondent was charged with the said crime when he
was still a clerk of court. The OCA
noted the fact that though respondent claims that he has forgotten said charge,
he can still vividly remember the incident and the circumstances that he claims
to have led to his arrest. Accordingly,
the OCA recommended that respondent be fined in the amount of Forty Thousand (P40,000.00)
Pesos.
Our Ruling
We
agree with the findings of the OCA on respondents gross inefficiency and
dishonesty although we differ with respect to the penalty imposed.
On
the other hand, we see no reason for this Court to look into the rest of the
allegations of the complainant. The
issue concerning the assessment of witness and filing fees had already been
passed and ruled upon by the CA in a judicial proceeding. Also, the allegations of bias and partiality
of respondent judge in connection with the denial of the motions of inhibition
filed by complainant are matters which are judicial in character and may not be
addressed in this administrative complaint.
Orders of inhibition are not administrative in character; they are
judicial in nature.[16] Thus, the propriety of the action of the
judge in denying the motions for inhibition should have been raised in a
judicial proceeding and not in this administrative action.
On Respondents Gross Inefficiency
The Court, in the exercise of its
administrative supervision over the lower courts, has the authority to look
into the time spent by respondent judge in resolving the incident. As observed by the OCA, respondent judge
failed to resolve the motion for his inhibition within the 90-day reglementary
period. He acted on the first and second
motions for inhibition, which were filed on 27 February 2006 and 28 February
2007, respectively, only on 13 March 2007, or more than a year after the filing
of the first motion.
In the orderly administration of
justice, judges are required to act with dispatch in resolving motions filed in
their court. The parties have the right
to be properly informed of the outcome of the motions they have filed and the
Constitutional right to a speedy disposition of their case. Taking into account the circumstances in this
case, we find no reason for respondent judges delayed action. Delay in resolving motions and incidents
pending before a judges sala within the reglementary period fixed by the
Constitution and the law is not excusable and cannot be condoned.
Under Section 15(1)[17]
of Article VIII of the 1987 Constitution and Canon 3, Rule 3.05[18]
of the Code of Judicial Conduct, judges are mandated to dispose of their cases
promptly and decide them within the prescribed periods.[19] The failure of a judge to decide a case
seasonably constitutes gross inefficiency.[20] It violates the norms of judicial conduct and
is subject to administrative sanction.
The
imposable penalty for gross inefficiency varies depending on the attending
circumstances of a case. In a Resolution[21]
dated 8 July 1998, this Court, through then Associate Justice Reynato S. Puno, exhaustively
discussed the penalties that were imposed on several cases involving gross
inefficiency. Thus:
We have always
considered the failure of a judge to decide a case within ninety (90) days as
gross inefficiency and imposed either fine or suspension from service without
pay for such. The fines imposed vary in
each case, depending chiefly on the number of cases not decided within the
reglementary period and other factors, to wit: 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, etc. Thus, in one case, we set the
fine at ten thousand pesos (P10,000.00) for failure of a judge to decide 82
cases within the reglementary period, taking into consideration the mitigating
circumstance that it was the judge's first offense. In another case, the fine
imposed was sixty thousand pesos (P60,000.00), for the judge had not decided
about 25 or 27 cases. Still in other cases, the fines were variably set at
fifteen thousand pesos (P15,000.00), for nineteen (19) cases left undecided,
taking into consideration that it was the judge's first offense; twenty
thousand pesos (P20,000.00), for three (3) undecided criminal cases; eight
thousand pesos (P8,000.00), for not deciding a criminal case for three (3)
years; forty thousand pesos (P40,000.00), for not deciding 278 cases within the
prescribed period, taking note of the judge's failing health and age; and ten
thousand pesos (P10,000.00), for belatedly rendering a judgment of acquittal in
a murder case, after one and one-half years from the date the case was
submitted for decision. In another case, suspension without pay for a period of
six (6) months was imposed since, besides the judge's failure to timely decide
an election protest for eight (8) months, the judge submitted false
certificates of service and was found guilty of habitual absenteeism.[22]
(Emphasis supplied.)
The
following pronouncements in OCA v. Judge
Quilatan[23] further illustrated the flexibility of the parameters in the determination
of the amount of fine that may be imposed on judges for gross inefficiency:
Under the Revised Rules of Court, undue
delay in rendering a decision is a less serious offense punishable by
suspension from office without salary and other benefits for not less than one
(1) month nor more than three (3) months, or a fine of more than PhP 10,000 but
not exceeding PhP 20,000.
There
were cases, however, in which the Court did not strictly apply the Rules,
imposing fines below or more than the maximum amount allowed, thus:
In two cases, we imposed
a fine of five thousand pesos (P5,000) on a judge who was suffering from
cancer, for failing to decide five (5) cases within the reglementary period and
failing to decide pending incidents in nine (9) cases; and xxx. In one
case, the judge was fined twenty-five thousand pesos (P25,000) for undue
delay in rendering a ruling and for making a grossly and patently erroneous
decision. In another case, the judge was fined forty thousand pesos (P40,000)
for deciding a case only after an undue delay of one (1) year and six (6)
months and for simple misconduct and gross ignorance of the law, considering
also that said undue delay was his second offense.
Finally, the fine of forty thousand pesos (P40,000) was also imposed in
a case for the judges failure to resolve one (1) motion, considering that he
was already previously penalized in two cases for violating the Code of
Judicial Conduct and for Gross Ignorance of Procedural Law and Unreasonable
Delay. (citations omitted)[24]
In
the case at bar, respondent resolved the pending incident only after more than
a year from the date the motion was filed.
It bears stressing that the incident does not even involve a complex
issue, it being a mere motion for inhibition.
On a positive note, an examination of the records with the Legal Office
of the OCA would show that this is the first time that he has been
administratively charged. Under the
foregoing circumstances, for gross inefficiency, we find the imposition of fine
in the amount of Ten Thousand (P10,000.00) Pesos reasonable.
On Respondents Dishonesty
The
making of untruthful statements in the PDS amounts to dishonesty and
falsification of an official document.[25]
In Plopinio v. Zabala-Cario,[26]
this Court had the occasion to identify the reckoning point when a specific
charge should be reflected in the PDS.
Thus, a person is considered formally charged:
(1)
In administrative proceedings xxx.
(2)
In criminal proceedings
(a) upon the finding of the existence of probable cause by the investigating
prosecutor and the consequent filing of an information in court with the
required prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor or the Ombdusman or his deputy; (b) upon the finding of
the existence of probable cause by the public prosecutor or by the judge in
cases not requirng a preliminary investigation nor covered by the Rule on
Summarry Procedure; or (c) upon the finding of cause or ground to hold the
accused for trial pursuant to Section 13 of the Revised Rule on Summary
Procedure.[27] (Emphasis supplied.)
The Book of Entry of Judgment[28]
of the City Court of Legazpi shows that: (1) respondent was accused of indirect
bribery on 11 December 1974 by Assistant City Fiscal Amisola in Criminal Case
No. 7911; (2) he posted a bail bond in the amount of P400.00; and (3) he
was acquitted of the crime on 24 October 1977.
It is, therefore, beyond question
that respondent had been formally charged. Clearly, he failed to disclose the
information when he answered No to Question No. 24 of the PDS, which he filed
with the JBC in 2005.
That respondent is guilty of
dishonesty in accomplishing his PDS is impossible to refute. It was not mere inadvertence on his part when
he answered No to that very simple question posed in the PDS. He knew exactly what the question called for
and what it meant, and that he was committing an act of dishonesty but
proceeded to do it anyway.[29]
Respondent,
a judge, knows (or should have known) fully well the consequences of making a
false statement in his PDS. Being a
former public prosecutor and a judge now, it is his duty to ensure that all the
laws and rules of the land are followed to the letter. His being a judge makes the act all the more
unacceptable. Clearly, there was an
obvious lack of integrity, the most fundamental qualification of a member of
the judiciary.[30]
As
visible representation of the law, respondent judge should have conducted himself
in a manner which would merit the respect of the people to him in particular
and to the Judiciary in general. He
should have acted with honesty in accomplishing his PDS, instead of deliberately
misleading the JBC in his bid to be considered and eventually appointed to his
present position. Such lack of candor
has blemished the image of the judiciary. His contention that the indirect bribery case
had been dismissed is immaterial, he was duty bound to disclose such
information when he was applying for judicial position. Had it not been for this administrative
complaint, such matter would have escaped the attention of this Court.
Dishonesty, being in the nature of a
grave offense, carries the extreme penalty of dismissal from the service with
forfeiture of retirement benefits except accrued leave credits, and perpetual
disqualification from reemployment in the government service.[31]
Thus,
in Office of the Court Administrator v.
Estacion, Jr.,[32] respondent
judge was dismissed from the service for withholding the information in his
application for appointment the fact that he was facing criminal charges for
homicide and attempted homicide. This
Court ratiocinated:
His record did not contain the important information
in question because he deliberately withheld and thus effectively hid it. His lack of candor is as obvious as his
reason for the suppression of such a vital fact, which he knew would have been
taken into account against him if it had been disclosed.
xxx
[I]t behooves every prospective appointee to the [j]udiciary to apprise the
appointing authority of every matter bearing on his fitness for judicial
office, including such circumstances as may reflect on his integrity and
probity. He did not discharge that duty.[33]
Respondent judge in Gutierrez v. Belan,[34]
was likewise dismissed from the service for indicating in his PDS submitted to
the JBC that there was no pending criminal or administrative case against him
notwithstanding that he had been indicted in a criminal case which then
remained pending.[35]
The
penalty of dismissal, however, is not exclusive. Section 11, Rule 140[36]
of the Rules of Court, provides the following alternative sanctions against a
judge found guilty of dishonesty or any other offense falling under the classification
of a serious charge provided in Sec. 8 of the same Rule:
1. Dismissal from the service, forfeiture of all or part
of the benefits as the Court may determine, and disqualification from
reinstatement or appointment to any public office, including government-owned
or controlled corporations. Provided, however, That the forfeiture of benefits shall in no
case include accrued leave credits;
2.
Suspension from office without salary and other
benefits for more than three (3) but not exceeding six (6) months; or
3.
A fine of not less than P20,000.00 but not
exceeding P40,000.00. (Emphasis supplied.)
The
recent case of OCA v. Judge Aguilar[37] is very much
instructive on this matter:
xxx, Rule IV, Section 53 of the Civil Service Rules
also provides that in the determination of the penalties to be imposed,
extenuating, mitigating, aggravating or alternative circumstances attendant to
the commission of the offense shall be considered. Among the
circumstances that may be allowed to modify the penalty are (1) length of
service in the government, (2) good faith, and (3) other analogous
circumstances.
In several jurisprudential precedents, the Court has
refrained from imposing the actual administrative penalties prescribed by law
or regulation in the presence of mitigating factors. Factors such as the
respondent's length of service, the respondent's acknowledgement of his or her
infractions and feeling of remorse, family circumstances, humanitarian and
equitable considerations, respondent's advanced age, among other things, have
had varying significance in the determination by the Court of the imposable
penalty. For equitable and humanitarian reasons, the Court reduced the
administrative penalties imposed in [several] cases[.]
This Court proceeded to discuss a
number of cases[38] on dishonesty to show the
variation in penalties actually imposed.
In sum, most respondents received either a penalty of six (6) months
suspension or one (1) year suspension without pay on account of the presence of
mitigating circumstances. On the other
hand, there were two (2) isolated cases mentioned where respondents (a branch
clerk of court of the Metropolitan Trial Court and an Executive Assistant of
the Court of Appeals) were only fined in the amount of P5,000.00 and P10,000.00,
respectively.
For
failure to disclose in her PDS the following: (a) that she has been formally
charged for falsification, perjury and estafa; (b) that there was a pending administrative
case against her before the Office of the Ombudsman; and (c) that she was later
adjudged guilty of misconduct in the same administrative case, respondent judge
in Aguilar was correspondingly
suspended from the service for six (6) months without pay. In the imposition of the penalty of suspension,
this Court considered, among others, the following: (a) that the criminal
complaint and the administrative cases involve the notarization of private
documents, which had no relation to the performance of her official functions;
(b) her length of government service; and (c) that the charge was the first and
only administrative complaint brought before the Judiciary for which she was
found guilty.
This Court distinguished Aguilar from Office of the Court Administrator v. Judge Estacion, Jr., Gutierrez v.
Belan and Re: Non-Disclosure before
the Judicial and Bar Council of the Administrative Case Filed Against Judge
Jaime Quitain, where the respondents were meted the extreme penalty of
dismissal from the service, in the following manner:
In Estacion, the respondent judge failed to
disclose his pending criminal cases for homicide and attempted homicide when he
applied to the Judiciary; while in Belan, the respondent judge failed to
previously disclose a pending criminal case for reckless imprudence resulting
in serious physical injuries. In Quitain, the previous
administrative case which the respondent judge failed to disclose upon his
application for judgeship was one for grave misconduct for which he was dismissed
from the service with forfeiture of benefits prior to his application to the
Judiciary. The seriousness of the case or cases which respondent judges
failed to disclose in their PDS or applications for judgeship, and the absence
of mitigating circumstances, sufficiently differentiate Estacion, Belan,
and Quitain, from the one at bar.
In the present case, respondent judge
similarly failed to disclose in his application the serious charge of indirect
bribery against him. We rule as we did
in Yalung v. Judge Enrique M. Pascua,[39] where
this Court fined and suspended respondent judge for six (6) months for gross
inefficiency and dishonesty.[40]
As in the present case, the
dishonesty of respondent judge in Yalung also
involved misrepresentation in accomplishing his PDS submitted to the JBC. In particular, respondent in that case, in
answering Question No. 24[41]
in the negative, made it appear that he had never been charged with any
violation of the law, decree, ordinance, or regulation[42]
when he had been previously charged for bribery/extortion. Also, both respondents in Yalung and the present case have been in
the government service for a considerable length of time. Respondent has served the judiciary for five
(5) years after his retirement from the Office of the City of Prosecutor, Ligao
City. In addition, both have no prior
administrative record. A six-month
suspension from office is, ordinarily, in order.
We
must, however, of necessity consider the compulsory retirement of respondent on
12 October 2010. The penalty of
suspension can thus no longer be implemented. In lieu thereof, the penalty of fine may still
be imposed,[43] the determination of the amount
of which is subject to the sound discretion of the court.
In
Pleyto v. Philippine National Police
Criminal Investigation and Detection Group,[44] for
negligence in accomplishing his Statement of Assets and Liabilities for the
year 2002, this Court held:
xxx And
since petitioner is already compulsorily retired, he can no longer serve his
suspension; yet, this Court can still order, in lieu of such penalty, the forfeiture of the amount equivalent to
petitioners salary for six months from his retirement benefits.[45] (Emphasis
supplied.)
However,
in Judge Basilla v. Ricafort,[46] for
dishonesty, this Court opted to impose upon respondent Legal Researcher a fine
of Twenty Thousand (P20,000.00) Pesos to be deducted from her retirement
benefits. It ratiocinated:
Section 52, Rule IV of the Uniform Rules on
Administrative Cases provides that dishonesty is a grave offense and punishable
by dismissal even on the first time of commission.
Taking into account respondents forty (40) years of service in the government,
the OCA submits that the penalty imposable upon her is suspension. Considering,
however, that suspension can no longer be imposed due to respondents
retirement on February 14, 2007, We opt to impose upon her a fine of Twenty Thousand Pesos (P20,000.00).[47]
(Emphasis supplied.)
In
the case at bar, while we note that respondent is covered by the exacting
standards of judicial conduct even while he was still applying for a judicial position,
we cannot ignore respondents heretofore unblemished judicial service and the
fact that this is his first offense.
All considered, we deem it sufficient
to impose the penalty of fine in the
amount of Fifty Thousand (P50,000.00) Pesos in lieu of the penalty of
six (6) months suspension from office.
The total amount of fines in this case is Sixty Thousand (P60,000.00)
Pesos, which includes the fine of Ten Thousand (P10,000.00) Pesos for
gross inefficiency.
WHEREFORE, for gross inefficiency and
dishonesty, respondent Judge Angeles S. Vasquez, RTC, Branch 13, Ligao City, is
hereby ordered to pay a FINE of SIXTY THOUSAND (P60,000.00) PESOS to be
deducted from his retirement benefits.
SO ORDERED.
JOSE PORTUGAL PEREZ
Associate Justice |
WE CONCUR:
RENATO C. CORONA
Chief Justice
ANTONIO
T. CARPIO PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice
TERESITA J.
LEONARDO-DECASTRO ARTURO
D. BRION
Associate Justice Associate Justice
Associate Justice
Associate
Justice
MARIANO
C. DEL CASTILLO ROBERTO A. ABAD
Associate Justice
Associate Justice
MARTIN S. VILLARAMA, JR. JOSE CATRAL MENDOZA
Associate Justice Associate Justice
(On Official Leave)
MARIA LOURDES P. A. SERENO
Associate Justice
[2] Id. at 21-22.
[3] Id. at 23-29.
[4] Id. at 30-33.
[5] Id. at 37-40.
[6] Id. at 36.
[7] Id. at 52-54.
[8] Id. at 64-73.
[9] Id. at 68.
[10] Id. at 69.
[11] Id. at 69-70.
[12] Id. at 71.
[13] Id.
at 97-112.
[14] Id. at 113-132.
[15] Id. at 133-140.
[16] Supreme
Court Circular No. 7, 10 November 1980 and Administrative Circular No. 1, 28
January 1988.
[17] Section
15(1) All cases or matters filed after
the effectivity of this Constitution must be decided or resolved
within twenty-four (24) months from date of submission for the Supreme Court,
and, unless reduced by the Supreme
Court, twelve (12) months for all collegiate courts, and three (3) months for all other lower courts.
[18] Rule
3.05. A judge shall dispose of the
courts business promptly and decide cases within the required periods.
[19] Re: Judge Danilo M. Tenerife, A.M. No.
94-5-42-MTC, 20 March 1996, 255 SCRA 184, 187.
[20] Id.
[21] Re:
Report on the Judicial Audit Conducted in RTC, Branches 29 and 59, Toledo City,
A.M. No. 97-9-278-RTC, 8 July 1998, 292
SCRA 8.
[22] Id.
at 23-24.
[23] A.M. No. MTJ-09-1745, 28 September
2010, 631 SCRA 425.
[24] Id. at 428-429.
[25] Ratti v. Mendoza-De Castro, A.M. No. P-04-1844, 23 July 2004,
435 SCRA 11, 21 citing Civil Service Commission v. Sta. Ana ,
386 SCRA 1 (2002)
further citing People v. Po Giok To, 96 Phil. 913 (1955).
[26] A.M. No. P-08-2458, 22 March 2010, 616
SCRA 269.
[27] Id.
at 278-279.
[28] Rollo, p. 60.
[29] Samson v. Caballero, A.M. No. RTJ-08-2138,
5 August 2009, 595 SCRA 423, 429.
[30] Id. at 430.
[31] Ratti v. Mendoza-De Castro, supra note 25 at 21.
[32] A.M. No. RTJ-87-104, 11 January
1990, 181 SCRA 33.
[33] Id. at 37.
[34] A.M. No. MTJ-95-1059, 7 August 1998,
294 SCRA 1.
[35] Id. at 16.
[36] As
amended by A.M. No. 01-8-10-SC, effective 1 October 2001.
[37] A.M.
No. RTJ-07-2087, 7 June 2011.
[38] Id.
citing the following cases: OCA v.
Flores, A.M. No. P-07-2366, 16 April 2009, 585 SCRA 82; Concerned Employees of the Municipal Trial
Court of Meycauayan, Bulacan v. Paguio-Bacani, A.M. No. P-06-2217, 30 July 2009, 594 SCRA 242; Concerned Employee v. Valentin, 498 Phil. 347 (2005); Re: Administrative Case for Dishonesty
against Elizabeth Ting, 502 Phil. 264 (2005); Reyes-Domingo v. Morales, 396 Phil. 150 (2000); Floria v. Sunga, 420 Phil. 637 (2001); Concerned Taxpayer v. Doblada, 507 Phil.
222 (2005); and de Guzman v. Mendoza,
493 Phil. 690 (2005) .
[39] A.M.
No. MTJ-01-1342, 21 June 2001, 359 SCRA 241.
[40] Id. at 250 citing Bolalin v. Occiano, 266 SCRA 203(1997).
[41] 24. Have you ever been charged with or
convicted of or otherwise imposed a sanction for violation any law, decree,
ordinance or regulation by any court, quasi-judicial office or tribunal of the
Philippines or in any foreign country, or found guilty of an administrative
offense? Id. at 248.
[42] Id. at 249.
[43] OCA v. Judge Leonida, A.M. No. RTJ-09-2198,
18 January 2011; Atty. Bautista v. Judge
Causapin, A.M. No. RTJ-07-2044, 22 June 2011.
[44] G.R.
No. 169982, 23 November 2007, 538 SCRA 534.
[45] Id. at 595.
[46] A.M.
No. P-06-2233, 26 September 2008, 566 SCRA 425.
[47] Id. at 434.