Beruflich Dokumente
Kultur Dokumente
*
A.M. No. MTJ-01-1370. April 25, 2003.
(Formerly A.M. No. 00-11-238-MTC)
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* FIRST DIVISION.
584
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CARPIO, J.:
The Case
The Facts
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586
The issue to be resolved in the instant case is, whether the case of
Judge Hurtado, who is charged for acts committed prior to his
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3 4
con and Associate
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Justices Reynato Puno and Alfredo
Marigomen of the Court of Appeals.
A certain Atty. Eduardo R. Balaoing had filed a
complaint against Court of Appeals Justices Nocon, Puno
and Marigomen relating to a petition filed before their
division. In its En Banc Resolution of 29 November 1988,
the Court required the IBP to refer to the 6
Supreme Court
for appropriate action the complaint filed by Atty.
Balaoing with the IBP Commission on Bar Discipline. The
Court stated that the power to discipline justices and
judges of the lower courts is within the Court’s exclusive
power and authority as provided
7
in Section 11, Article VII
of the 1987 Constitution. The Court Administrator
publicized the En Banc Resolution of 29 November 1988 by
issuing Circular No. 17 dated 20 December 1988.
The Court issued Circular No. 3-89 on 6 February 1989
clarifying the En Banc Resolution of 29 November 1988.
Circular No. 3-89 provides in part as follows:
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7 Section 11, Article VII provides that: “The members of the Supreme Court and
judges of the lower courts shall hold office during good behavior until they reach
the age of seventy years or become incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by vote of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted thereon.”
590
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The basic premise is that criminal and civil cases are altogether
different from administrative matters, such that the disposition in
the first two will not inevitably govern the third and vice versa.
For this reason, it would be well to remember the Court’s ruling
in In re Almacen, which we quote:
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10 Office of the Court Administrator v. Diaz, 362 Phil. 580; 303 SCRA 243
(1999).
11 A.C. No. 4017, 29 September 1999, 315 SCRA 406.
592
Hence, in the exercise of its disciplinary powers, the Court merely calls
upon a member of the Bar to account for his actuations as an officer of
the Court with the end in view of preserving the purity of the legal
profession and the proper and honest administration of justice by purging
the profession of members who by their misconduct have prove[n]
themselves no longer worthy to be entrusted with the duties and
responsibilities pertaining to the office of an attorney. x x x”
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12 Tabao v. Espina, 368 Phil. 579; 309 SCRA 273 (1999), citing
Conducto v. Monzon, 353 Phil. 796; 291 SCRA 619 (1998).
13 Effective 1 October 2001.
14 A.M. No. 01-9-245-MTC, promulgated on 5 December 2001, 371
SCRA 397.
15 316 Phil. 134; 246 SCRA 94 (1995).
16 346 Phil. 424; 281 SCRA 415 (1997).
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In a more
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recent administrative case, Torcende v. Judge
Sardido, the Court found Judge Sardido again guilty of
gross ignorance of the law and of gross misconduct. This
time the Court dismissed Judge Sardido from the service
with forfeiture of his retirement benefits, except accrued
leave credits. The dismissal was with prejudice to
reemployment in any branch of the government or any of
its agencies or instrumentalities, including government-
owned and controlled corporations.
The records of the OCA further disclose that Judge 18
Sardido has other similar administrative complaints still
pending against him. Such an unflattering service record
erodes the people’s faith and confidence in the judiciary. It
is the duty of every member of the bench to avoid any
impression of impropriety to protect the image and
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integrity of the judiciary. The Court may still impose a
fine on Judge Sardido in the instant case despite his
dismissal from the service.
WHEREFORE, respondent Judge Agustin T. Sardido is
FINED Ten Thousand Pesos (P10,000.00) for gross
ignorance of the law. The fine may be deducted from his
accrued leave credits.
SO ORDERED.
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