Rogelio Pesole v.

Lucio Rodriguez
Tabogon, Cebu (1978)

Di porque ayaw mo na, tapos na

Pero kung wala talaga, tama na
Antonio, J:
Rogelio Pesole charged Judge. Rodriguez with Misconduct and/or
Misbehavior for:
o having acted as counsel of Pedro Apa in the preliminary investigation
for falsification before the Office of the Provincial Fiscal
o notarized the documents of Apa, which became basis of falsification
charge.
Judge Rodriguez denied the charges, saying that he notarized the documents
in his capacity as ex-officio notary public.
o During preliminary investigation, he acted as amicus curiae or
moderator with the implied permission of the Fiscal.
Pending administrative charges, the President of the PH accepted Judge
Rodriguezs courtesy resignation.
o Thus, the SC dismissed the case for being moot and academic.
However, petitioner Pesole prayed that the dismissal be set aside.
The SC set aside its previous order of dismissal and referred the complaint to
the CFI of Cebu for investigation, report and recommendation.
The hearing was set for September 20.
But Pesole was not duly notified so the hearing was reset to October 6.
Meanwhile, Judge Zosa received a letter from Pesole, dated September 30,
withdrawing his complaint against Judge Rodriguez on the ground of lack of
interest.
Notwithstanding the formal withdrawal of the complaint, Judge Rodriguez
insisted on presenting his evidence to prove the falsity of the charges against
him.
Judge Zosa recommended the dismissal of the complaint and exoneration of
the respondent.
Issue: WON
Held:
GR: charges of misconduct against judges should be proven by clear and
convincing evidence, otherwise they should be dismissed.
HERE, considering that Pesole failed to present any evidence to substantiate
his complaint AND Judge Rodriguez presented proofs which show the falsity of
the charges, the recommendation of the judge must be approved.

But in certain cases, the acceptance by the President of courtesy resignation

does not necessarily render the case moot or deprive the court of the
authority to investigate the charges.
That the resignation or retirement of the respondent in an administrative
case renders the case and moot and academic is not a hard and fast rule.
Each case is to be resolved in the context of the circumstances.