Justice Teresita Leonardo-De Castro Cases (2008- Legal2015) Ethics LEGAL ETHICS UNAUTHORIZED PRACTICE OF LAW Respondent Court Stenographer Monilla prepared an extra judicial settlement of estate for the complainant Arienda and her siblings. In ruling that the respondent is guilty of simple misconduct, the Supreme Court held that the preparation of an extrajudicial settlement of estate constitutes practice of law as defined in Cayetano v. Monsod, 201 SCRA 210 (1991) to wit: Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. - Leticia A. Arienda vs. Evelyn A. Monilla, Court Stenographer III, Regional Trial Court, Branch 4, Legazpi City, A.M. No. P112980, June 10, 2013 SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS The right to institute a disbarment proceeding is not confined to clients nor is it necessary that the person complaining suffered injury from the alleged wrongdoing. A lawyer who paid another with a personal check from a bank account which he knew has already been closed exhibited an extremely low regard to his commitment to the oath he took when he joined his peers, thereby seriously tarnishing the image of the profession which he should hold in high esteem. - Cecilia A. Agno vs. Atty. Marciano J. Cagatan, A.C. No. 4515, July 14, 2008 Clearly, therefore, the act of a lawyer in issuing a check without sufficient funds to cover the same constitutes such wilful dishonesty and immoral conduct as to undermine the public confidence in the legal profession. He cannot justify his act of issuing worthless checks by his dire financial condition. Moya II should have contracted debts which are beyond his financial capacity to pay. If he suffered a reversal of fortune, he should have explained with particularity the circumstances which cause his failure to meet his obligations. His generalized and unsubstantiated allegations as to why he reneged in the payment of his debts promptly despite repeated demands and sufficient time afforded him cannot withstand scrutiny. - Jerry T. Wong vs. Atty. Salvador N. Moya II, A.C. No. 6972, October 17, 2008 The Court have held that the issuance of checks which were later dishonored for having been drawn against a closed account indicates a lawyer’s unfitness for the trust and confidence reposed on her. It shows a lack of personal honesty and good moral character as to render her unworthy of public confidence. The issuance of a series of worthless checks also shows the remorseless attitude of respondent, unmindful to the deleterious effects of such act to the public interest and public order. It also manifests a lawyer’s low regard to her commitment to the oath she has taken when she joined her peers, seriously and irreparably tarnishing the image of the profession she should hold in high esteem. - Walter Wilkie vs. Atty. Sinamar E. Limos, A.C. No. 7505, October 24, 2008 Page 1 of 14 No. 2010 RE-ADMISSION TO THE BAR It is well settled that the objective of a disciplinary case is not so much to punish the individual attorney as to protect the dispensation of justice by sheltering the judiciary and the public from the misconduct or inefficiency of officers of the court. This simply means that his client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense. Paneda. Judges are enjoined by the Code of Judicial Conduct to regulate their extrajudicial activities in order to minimize the risk of conflict with their judicial duties.05. Elayda.C.C.Justice Teresita Leonardo-De Castro Cases (2008. A. A.Legal 2015) Ethics A lawyer has the responsibility to diligently prosecute the case of his clients to the best of his ability within the bounds of law. 190 and violating the provision of the Rules on Notarial Practice of 2004. .Spouses Virgilio and Angelina Aranda vs. and champion the latter’s cause with wholehearted fidelity. A lawyer. Judge Romualdo G. Constancia L. 2008 NOTARIAL PRACTICE By failing to comply with the conditions set for SC Circular No. Rule 3. Emmanuel F.Geronimo C. 1302. the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him.C. is our goal in disciplinary proceedings. A. and devotion. No.Cesar Talento and Modesta Herrera Talento vs. No. MTJ991204. mandates that lower courts have three (3) months from the date of submission within which to decide the cases or matters pending before them. Branch 14. care. . June 30. under Section 15. Atty. 7907. 7433. A. December 23 2009 Once he agrees to take up the cause of a client. Fuentes vs. . . He must serve the client with competence and diligence. The Constitution itself. when he undertakes his client’s cause. July 28. Restorative justice.” Finally. No.Re: Judicial Audit Conducted In The Regional Trial Court (RTC).M. Page 2 of 14 . Canon 3 of the Code of Judicial Conduct directs judges to “dispose of the court’s business promptly and decide cases within the required periods. 2008 JUDICIAL ETHICS DISCIPLINE OF MEMBERS OF THE JUDICIARY The Court has always impressed upon all members of the judiciary the need to decide cases promptly and expeditiously under the timehonored precept that justice delayed is justice denied. December 15. makes a covenant that he will exert all efforts for its prosecution until its final conclusion. Dionisio C. Buno. Canons 6 and 7 of the Canons of Judicial Ethics exhort judges to be prompt and punctual in the disposition and resolution of cases and matters pending before their court. Agustin F. Atty. respondent judge failed to conduct himself in a manner that is beyond reproach and suspicion. Article VIII. Atty. not retribution. Valencia vs. Antiniw. we find that [Pacariem] has failed to live up to the standard of efficiency and professionalism that the judiciary demands from its court personnel. Balani. it is a mission. A. . free from any whiff of impropriety. Judge Ireneo L. court officials and employees are at all times behoved to strictly observe official time. Thus. April 18.M.M. Canon IV of the Code of Conduct for Court Personnel mandates that the same shall commit themselves exclusively to the business and responsibilities of their office during working hours. and also perceived to be. 2008 The unreasonable delay of the respondent judge in resolving the motion submitted for his resolution clearly constituted a violation of complainant’s constitutional right to a speedy disposition of his case. September 18. Judges should therefore administer their office with due regard to the integrity Page 3 of 14 . To inspire public respect for the justice system.M.Justice Teresita Leonardo-De Castro Cases (2008. October 8. Lucila C. P-06-2249. No. 2008 The image of a court of justice is necessarily mirrored in the conduct. Sesbreo vs. No. Quirino Y. Dela Cruz vs. it becomes imperative and sacred duty of each and everyone in the court to maintain its good name and good standing as a true temple of justice. Presided over by Judge William M. 2007-25-SC. Lyn L. and Odon C. Furthermore. Jr. he ought to know that raffling of cases is his personal duty and responsibility. Failure to abide by these rules undermines the wisdom behind them and diminishes respect for the rule of law. A. Strict observance of official time is mandatory lest the dignity of the justice system be compromised. of the men and women therein. As Executive Judge. Having failed to resolve the Motion for Reconsideration within the prescribed period of time. Marquez and Atty. and Manuel G. hence. . RTJ072039. 2008 It must be stressed that all judicial employees must devote their official time to govern-ment service. The conduct of court personnel must be.Legal 2015) Ethics Davao City. RTJ-08-2144. from the judge to the least and lowest of its personnel. They must exercise at all times a high degree of professionalism and responsibility.Judge Placido C. Ronnie C. He is expected to keep abreast and be conversant with Supreme Court rules and circulars that affect the conduct of cases before him and strictly comply therewith at all times. by writing false and inaccurate entries in her former offices’ Logbook of Permission Slips and Logbook of Daily Attendance of Court Personnel. [Pacariem] likewise failed to meet the standard of honesty. Redentor A. Layague. A. A. respondent judge is liable for undue delay in resolving a decision or order which is considered a less serious offense. official or otherwise. Pacariem. Nollora. In the case at bar. Llamasares vs. 2008 Raffling of cases: Respondent judge cannot excuse himself from his duty as Executive Judge by dispensing with the raffle of the case and dismissing it outright on the pretext that it would be just a waste of time on his part to raffle and entertain the case.M. as service in the judiciary is not only a duty. Zapico. Section 1. Itliong II. Gako. No.Atty. November 3. with respect not only to their duties in the judiciary but also in their behavior outside the court. Raul H. Under Canon 1. . RTC. Mangilit. December 18.72. No. to the end that he be the personification of justice and the Rule of Law. December 24. respondent is the visible representation of law and justice. she merely affixes her thumbmark. while the signature of her husband appearing on the document is very different from his customary signature. Perello. anything less than that would be gross ignorance of the law. remembering that they are not depositories of arbitrary power. P-082587.Legal 2015) Ethics of the system of law itself. because that power is intended as a safeguard not for the judges as persons but for the functions that they exercise. Menor vs. The courts must exercise the power to punish for contempt for purposes that are impersonal. 2008 As a trial judge. The Court wishes to remind that as an official of the Judiciary. Judge Jose S. 06-3-196-RTC. she is expected to be the embodiment of competence. 2008 Complainant contends that she does not know how to sign her name and only affixes her thumbmark to documents to signify her consent. he may seek extensions from this Court to avoid administrative liability. A. brings the courts into disrepute and ultimately erodes the faith and confidence of the public in the judiciary. Olongapo City Re: 30 Cases and 84 Motions Submitted For Decision/ Resolution in the said Court. Andres vs. painstakingly and faithfully complies with the mandate of the law. integrity and independence. Undue delay in the disposition of cases amounts to a denial of justice which. When the law is sufficiently basic. RTJ-031762. Majaducon. . a Judge is expected to follow the rules laid down by this Court for the prompt and speedy disposition of cases.Office of the Court Administrator vs. A. Acting Presiding Judge. Judge Norma C. Failure to decide cases and other matters within the reglementary period constitutes gross inefficiency and warrants the imposition of administrative sanction. Judges are expected to keep abreast of developments in law and jurisprudence. in turn.M. and on the corrective and not retaliatory idea of punishment.M. a judge owes it to his office to simply apply it. not vindictive principle. The present clogged dockets in all levels of our judicial system cannot be cleared unless every magistrate earnestly. Guillermo.Letter of Judge Josefina D. December 17. as complainant does not know how to read and write and instead of signing documents. Farrales. A. Court Stenographers Thelma A.01 of the Code of Judicial Conduct. Teodora P. for justice delayed is justice denied.Dominga C. Cecilio Page 4 of 14 . Respondent failed to sufficiently rebut the complainant’s assertion that her signature in the deed of sale is forged. If a judge can not comply with this Courts directives on the matter of disposition of cases. He should strive for excellence exceeded only by his passion for truth. . Bucayon II.M.Justice Teresita Leonardo-De Castro Cases (2008. former Clerk of Court Luis C. 2008 The Court has incessantly admonished members of the bench to administer justice without undue delay. but judges under the sanction of law. No. Sergio & Gracelda N. No. Br. Contempt of court: The salutary rule is that the power to punish for contempt must be exercised on the preservative. Tan. Malaybalay City. deprives the litigant of his right to a speedy disposition of his case. Regir. February 12.Justice Teresita Leonardo-De Castro Cases (2008. for. MTJ-09-1733. April 21. Judge Crisostomo L. No. Regional Trial Court. April 24. 2009 The act of a married man cohabiting with a woman not his spouse constitutes an immoral conduct and the employment of the defense of denial cannot overthrow the positive testimonies of the witnesses. no matter how brief. No. Branch 4. No. NO. P-07-2304. RTJ-05-1952. . be punished for contempt unless the act which is forbidden or required to be done is clearly and exactly defined. Bukidnon. P-05-1996. Resurreccion. 2009 The failure to implement a writ of execution maybe classified as a less grave offense of simple neglect of duty punishable by suspension from office for one month and one day to six months for the first offense. Marites R. it undermines the people’s faith and confidence in the judiciary. . A. 2009 Any delay in the administration of justice. Manio. A. No.Aureo Bayaca vs.M.M. February 27.Ma. Judge Tranquilino Ramos.Lolita S.M. MTJ-07-1676. . December 24. Laman and Interpreter Paul M. except accrued leave credits but the court may nevertheless impose fines to be deducted from the accrued leave credits for judgment based on another set of facts.Peter B. Joel T. lowers its standards and brings it to disrepute. Eugenio. A. Florendo. . Muntinlupa City. February 24. Terencio G. No. as an officer of the court upon whom the execution of a final judgment depends. Judge Francisco B.M. January 29.Venancio Inonog vs. Mallonga vs. Regional Trial Court (RTC). Tyrone V. Sheriff IV. Garrido. RTJ092175. Branch 276. A. and Radigunda R. A. No. August 4.Emilia Marias vs. Winterniitz and Raquel Gonzales vs.M. Ibay. July 28. P-07-2298. OCC. so that there can be no reasonable doubt or uncertainty as to what specific act or thing is forbidden or required. RTJ-06-2027. must necessarily be circumspect and proper in his behavior. such as the results of its investigation may warrant. A. 2008 The withdrawal of complaints cannot divest the Court of its jurisdiction nor strip it of its power to determine the veracity of the charges made and to discipline. Argame. Marietta Duque vs. Regir vs.M. an erring respondent. for disobedience.M. 2009 Page 5 of 14 . all of the Regional Trial Court. No. 2009 Dishonesty or grave misconduct carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits. Maricar N. A. A. Marabe vs. P-06-2282. . 2009 The sheriff. Theresa G.M.M. 2009 At the core of a judge’s esteemed position is obedience to the dictates of the law and justice and so a judge must be the first to exhibit respect for authority. not only does it magnify the cost of seeking justice. Judge Lizabeth GutierrezTorres. Tuguegarao City.Legal 2015) Ethics B. No. Court Interpreter III. .Estelito R. 2009 A person cannot. A. . .Walter J. No. They are mandated not to allow family. for committing acts that manifested poor judgment and negligence. lowers its standards and brings it into disrepute. P-09-2600. and his expressed willingness to abide by whatever penalty the Court may impose upon him. A. Ogka vs. and as agents of the law. 2009 The Rules of Court expressly prohibits the grant of preliminary injunction without hearing and prior notice to the party or person sought to be enjoined. Regional Trial Court. Indar.Cecilia Gadrinab Senarlo vs. Paderanga. Sampiano. 2010 A judge must not sacrifice the orderly administration of justice in favor of a speedy but reckless disposition of a case. Cagayan De Oro City.M. Ganay. Hadji Acmad Mamenting and Billie Jai Laine T. Municipal Trial Court. Guihulngan. December 23 2009 Absent any evidence showing outright bad faith. Salic Tampugao. Ragot.W. he is only guilty of simple misconduct and a penalty of suspension for a period of three months shall be imposed upon him. Gingoog City. Acting Presiding Judge. Aragones vs. high standards are expected of them. 2010 Every judge should decide cases with dispatch and should be careful. . Margarita Solaiman. Fr. Negros Oriental. Ramos vs. Malabang. A. the latter being declared a regular holiday and despite the request for the resetting of the same.M. A. A. RTC. Barillo. Thus. Judge Maximo G. RTJ-06-2025. Sheriff III. Anthony Abi.Legal 2015) Ethics Judges must avoid not only impropriety but also the appearance of impropriety. punctual. MTJ-10-1752. Saga Pole Inog. the judge has issued an order which was in effect a TRO ex parte in violation of the rules. They are duty-bound to know and to comply with the very basic rules relative to the implementation of writs of execution. and thus.M. . a judge should not be held liable for gross misconduct and gross ignorance of the law. Aspiras vs. However. Presiding Judge of the Regional Trial Court.Justice Teresita Leonardo-De Castro Cases (2008. nor convey or permit others to convey the impression that they are in a special position to influence the judge.M. Lanao del Sur. social or other relationships to influence judicial conduct or judgment. is found guilty of ignorance of law. other circumstances may be considered such as the judge’s continuous service in the judiciary. in imposing the penalty of fine. Judge Clifton U. Judge Cader P. Hector B. King Maronsing. RTJ-05-1953. RTJ-07-2055. . and observant in the performance of his functions for delay in the disposition of cases erodes the faith and confidence of our people in the judiciary. A. No. December 17. Agoo.Emma B. Somer Abdullah. Branch 31. A prudent judge should have ascertained the facts before reaching conclusions and issuing orders. Branch 12.M. No. his avowed dire need of funds. March 10. Tororac Domato.Re: Cases Submitted for Page 6 of 14 . In this case. Municipal Trial Court in Cities. Hon.Mayor Hadji Amer R. Apollo R. December 21. April 5. a judge is liable for simple negligence in dismissing a case due to the non-appearance of the plaintiff on the scheduled date for mediation. Heirs of the Late Rev. No. Branch 38. No. Thus. . La Union. Jose O. 2009 Sheriffs play an important role in the administration of justice. M. A. . Bernas vs. July 6. in the determination of the penalties to be imposed. respectively. .05. RTJ-06-2015. aggravating or alternative circumstances attendant to the commission of the offense shall be considered.Olivia Laurel vs. No. Francisco. 2010. Municipal Trial Court. Teresito A.M. Ramas. Amante-Descallar vs. Canon 3 of the Code of Judicial Conduct expressly directs that a judge should dispose of the court’s business “promptly and decide cases within the required periods. Norlinda R. A.M. J. that the “administration of justice should be speedy and careful”; that judges “should be prompt in disposing of all matters submitted to them. partiality and grave abuse of authority. Municipal Trial Court. Leonardo-De Castro Judge was charged of being manifest bias. Judge Peter M.Atty. and not for retaliation or vindictiveness. 2010 Judge Francisco filed contempt against his two employees which thereby is baseless. Reyes.” Rule 3.Legal 2015) Ethics Decision Before Hon. Rizal. Metropolitan Trial Court.M. Branch 69. No. with utmost restraint.” . 2010 A judge’s submission of false certificates of service seriously undermines and reflects on the honesty and integrity expected of an officer of the court. May 6. and with the end in view of utilizing the same for correction and preservation of the dignity of the court. provide. 2010 Canons 2.Narciso Bernardo. judges are enjoined to exercise the power judiciously and sparingly. the importance of answering the same with candor need not be gainsaid. not vindictive principle. correct and impartial decisions. but must do so in a manner free from any suspicion as to their fairness. Hon. It bears stressing that the power to declare for contempt must be exercised on the preservative. A. No. MTJ-10-1754. MTJ-091728. Furthermore. Among the circumstances that may be allowed to modify the penalty are (1) length Page 7 of 14 . vs.M. A. former Judge. Jr. December 15.Justice Teresita Leonardo-De Castro Cases (2008. Cainta. 6 and 31 of the Canons of Judicial Ethics. July 21. Pasig City. RTJ-06-1992. Montojo. and on the corrective and not retaliatory idea of punishment. The court ruled Established is the norm that judges should not only be impartial but should also appear impartial. October 20.Atty. . No. Jose A. Reinerio (Abraham) B. impartiality and integrity. It is well-settled that the power to punish a person in contempt of court is inherent in all courts to preserve order in judicial proceedings and to uphold the orderly administration of justice. No. 09-9-163-MTC. extenuating. Since truthful completion of PDS is a requirement for employment in the Judiciary. However. Judge Pablo B. Judges must not only render just. A. mitigating. Judge Julia A. a judge “should be conscientious thorough. This is so because a certificate of service is not merely a means to one's paycheck but is an instrument by which the Court can fulfill the constitutional mandate of the people ' s right to a speedy disposition of cases. remembering that justice delayed is often justice denied;” and that in the discharge of his judicial duties. 2010 The accomplishment of the PDS is a requirement under the Civil Service Rules and Regulations for employment in the government. Andoy. Romblon. In administrative and quasi-judicial proceedings. Judge Ma. (2) good faith. Time and again." Furthermore. only substantial evidence is necessary to establish the case for or against a party.Justice Teresita Leonardo-De Castro Cases (2008. Regional Trial Court. . Bulacan. Causapin. Facundo T.. RTJ-072044. Judges are expected to exhibit more than just cursory acquaintance with statutes and procedural laws. lack of conversance therewith constitutes gross ignorance of the law.M. Administrative Officer I. RTJ-07-2087. the High Court affirms the practical reality that the image of the court as a true temple of justice is mirrored by the conduct of everyone who works therein.Office of the Court Administrator vs. the system. 170512. Emcisa A. especially considering that she was given ample opportunity to deny the same. but also a disrespect for the Court’s lawful order and directive. A. Benedictos. . Bautista vs. October 5. The conduct or behavior of all court personnel is circumscribed with the heavy burden of responsibility. A. October 19.Office of the Ombudsman vs. and (3) other analogous circumstances. however. Ellen M. the Court refrained from imposing the actual penalties in the presence of mitigating factors." Such "failure to comply betrays not only a recalcitrant streak in character. Presiding Judge.Legal 2015) Ethics of service in the government. They must know the laws and apply them properly in all good faith. The disregard of established rule of law which amounts to gross ignorance of the law makes a judge subject to disciplinary action. Reyes. Nueva Ecija. Judicial competence requires no less. Reyes. Guimba.Atty.Falsification of Daily Time Records of Ma. Regional Trial Court. June 22. The mistake committed by respondent Judge is not a mere error of judgment that can be brushed aside for being minor. 2011 Where the law involved is simple and elementary. from the judge to the lowest clerk. . [and] should be complied with promptly and completely. . Benedictos’ silence on a principal charge against her is admission. P-10-2784. 2011 "A resolution of the Supreme Court should not be construed as a mere request.Re: Report on Page 8 of 14 . Branch 32. A. It is therefore imperative that those involved in the administration of justice must live up to the highest standard of honesty and integrity in the public service. the filing of charges and giving reasonable opportunity for the person so charged to answer the accusations against him constitute the minimum requirements of due process. if not contempt of. Malolos City. In several administrative cases. Judge Blas O. under well-established doctrine of due process in administrative proceedings. this contumacious conduct of refusing to abide by the lawful directives issued by the Court has likewise been considered as an utter lack of interest to remain with. No. No. Antonio T. Burgos. No.M. Jr. Aguilar. Branch 70. Pangasinan. guilty of grave misconduct and Pealoza guilty of simple misconduct.M. G. 2011 The Ombudsman rendered a decision adjudging both LTO officers. No. 2011 The Court deems Benedictos’ falsification of her bundy cards tantamount to dishonesty. Regional Trial Court.R. . June 7. Records also do not show that Judge Torres made any previous attempt to report and request for extension of time to resolve Civil Case No. Surigao Norte. MeTC. Ilocos Sur. Municpal Trial Court. Article VIII of the Constitution.Legal 2015) Ethics Financial Audit Conducted at MCTC. Hipe vs. 2006. within which to render judgment. but as working standards and attainable goals that should be matched with actual deeds. Leoncio K. No. 20191 was submitted for resolution on July 19. A. With respect to cases falling under the Rule on Summary Procedure. yet it was still pending when Valdez filed the present administrative complaint on June 4. A public servant must exhibit at all times the highest sense of honesty and integrity. Mandaluyong City.M. Santiago-San Esteban. or the expiration of the period for filing the same. Ramie G. Office of the Court Administrator vs. Public service requires utmost integrity and discipline. A. A. 2012 Competence is a mark of a good judge. Civil Case No.Dr. Torres. Gutierrez III.Justice Teresita Leonardo-De Castro Cases (2008. 2012 Not every judicial error is tantamount to ignorance of the law and if it was committed in good faith. integrity. Judge Rolando T. Office of Administrative Services. June 13. Branch 60. 2010. While Judge Bayona admitted that he erred in insisting on the production of the Jarder Resolution despite the provisions of the DOJ-NPS Manual. Pasay City. . January 17.Leave Division. Regional Trial Court. Judge Torres failed to live up to the exacting standards of duty and responsibility that her position requires. for no less than the Constitution declares that a public office is a public trust. he erodes the publics confidence in the competence of our courts. the judge need not be subjected to administrative sanction. Indeed. the rules of procedure in the prosecution office were not clear as to whether or not an investigating prosecutor’s resolution of dismissal Page 9 of 14 . No. More than four years after being submitted for resolution.M. When a judge displays an utter lack of familiarity with the rules. 20191 was still awaiting decision by respondent. These are not mere rhetorical words to be taken lightly as idealistic sentiments. No. . P-11-2950. . Judge Lizabeth G. mandates that cases or matters filed with the lower courts must be decided or resolved within three months from the date they are submitted for decision or resolution. MTJ-11-1796. Mainit. Valdez vs. No.M. 2010. first level courts are only allowed 30 days following the receipt of the last affidavit and position paper. April 25. Unfortunately. It is highly imperative that judges be conversant with the law and basic legal principles. Literato. and all public officers and employees must at all times be accountable to the people. Civil Case No. such error cannot be categorized as gross ignorance of the law as he did not appear to be motivated by bad faith. Basic legal procedures must be at the palm of a judges hands. P-11-2951. Branch 116.Fe D. 2012 It is well to remind Gutierrez that dishonesty is a malevolent act that has no place in the judiciary. and serve them with utmost responsibility. loyalty and efficiency.M. February 15. Clerk III. A. 2012 Section 15(1). and remained unresolved per complainants manifestation filed on September 8. 20191. MTJ-11-1781. Branch 66. City Prosecutor Armando P.Astorga and Repol Law Offices. Clerk of Court II.Justice Teresita Leonardo-De Castro Cases (2008. 2012 The Court holds that the mistakes or errors in the contents of the orders. all of Metropolitan Trial Court. Bassig. 2012 The rule is that those involved in the administration of justice from the highest official to the lowest clerk must live up to the strictest standards of honesty and integrity in the public service. Bacolod City.M. Bayona. Ethelda B.M. These could have easily been avoided had they exercised greater care and diligence in the performance of their duties. Municipal Trial Court in Cities. If indeed Panaligan was at the MCTC office and was personally furnished a copy of the notice of hearing by Valente herself. No. Sheriff IV. Antique. Judge Abraham A. A. 3rd Municipal Circuit Trial Court. Patnoñgon. and Minutes of the Hearing committed by respondents Lagman (Legal Researcher) and Bassig (Stenographer) could be attributed to their lack of attention or focus on the task at hand. Abanado vs. Leodel N. P-12-3033. No.Anecita Panaligan vs. No. . . Roxas. No. MTJ-12-1804. Regional Trial Court. Presiding Judge. subpoena. August 15. . 2012 Page 10 of 14 .M. Makati City. then Valente should have required Panaligan to sign the original copy of said notice as proof of receipt. Branch 7.M. We find respondents Lagman and Bassig liable for simple neglect of duty. Arnold B. he could have brought his predicament to the attention of the RTC and FGU and he could have given the RTC and FGU the opportunity to act and/or move to address the same. Lugares vs. A. If only Sheriff Roxas submitted such periodic reports. P-11-2952.Memoranda of Judge Eliza B. Lagman and to Court Stenographer Soledad J. Yu issued to Legal Researcher Mariejoy P. A. 2012 Neither the Rules nor jurisprudence recognizes any exception from the periodic filing of reports by sheriffs as pursuant to Rule 39. Valente. Branch 47. A. Valente was duty-bound to use reasonable skill and diligence in the performance of her officially-designated duties as clerk of court. Pasay City. Section 14 of the Rules of Court.Legal 2015) Ethics that had been reversed by the city prosecutor should still form part of the records. P12-3029. July 30. August 15. As an officer of the court. July 30. Valente’s failure to secure Panaligan’s signature as proof of receipt of a copy of the notice of hearing exhibited lack of due diligence required by her position as Clerk of Court. represented Atty. not by instituting an administrative case against the respondent before this Court. Thus. Uy and Ma. Rivera.Lucia Nazar Vda. Also. Municipal Trial Court. Negros Occidental. MTJ-07-1666. For until there is a final declaration by the appellate court that the challenged order or judgment is manifestly erroneous. 2012 In this case. Javellana. No. is still pending before the appellate court. Regional Trial Court. The decision of the regional trial court in civil cases governed by this Rule. the previous Code of Judicial Conduct specifically warned the judges against seeking publicity for personal vainglory. Bascug vs. without prejudice to an appeal via petition for review before the Court of Appeals and/or Supreme Court. the Court ruled that the prudent course of action of the Sheriff was to defer implementation of the writ of execution until a determination of the motion to quash. there is absolutely no showing that Judge Sario was motivated by bad faith or ill motive in rendering the decision in Civil Case No. CEB27778.M. . Section 2120 of the Rules of Court. No. such decision shall.Justice Teresita Leonardo-De Castro Cases (2008. Also. Judge Erwin B. Jr. but the "appearance of impropriety" as well. Sheriff has to proceed without haste and to employ such means as necessary to implement the subject Writ of Execution and to put complainant in possession of the disputed properties. Sheriff IV. when a motion to quash the Writ was just filed and was not yet even set for hearing.M. there will be no basis to conclude whether respondent judge is administratively liable. including forcible entry and unlawful detainer. 2012 When a motion to quash a writ of execution was filed by the petitioner and such motion was already set for a hearing.Legal 2015) Ethics Judges should remember that they must not only avoid impropriety. records show that Magdadaro did file an appeal before the Court of Appeals. December 10. in its ordinary meaning. A. RTJ-122331. However. CEB-27778 may be corrected by filing an appeal of respondent’s decision before the Court of Appeals. Office of the Clerk of Court. be immediately executory. La Castellana. Valenzuela City. Administrative remedies are neither alternative nor cumulative to judicial review where such review is available to aggrieved parties and the same has not yet been resolved with finality. A.. in the absence of a court order. Romeo L. Moreover. Said appeal. any error Judge Sario may have committed in dismissing Civil Case No. P-11-2920 September 19. . An administrative complaint against a judge cannot be pursued simultaneously with the judicial remedies accorded to parties aggrieved by his erroneous order or judgment. refers to an individual’s excessive or ostentatious pride especially in one’s own achievements. A. 2012 Page 11 of 14 . De Feliciano vs. shall be immediately executory. September 5. under Rule 70.Gerlie M. Vainglory.M. Marcelino Magdadaro vs. it is worthy to note that once the RTC has rendered a decision in the exercise of its appellate jurisdiction. Judge Bienvenido Saniel. without prejudice to a further appeal that may be taken therefrom. Consolacion T. NO. one is tasked is tasked to keep a calendar of cases for pre-trial. Kalinga. No. Teofilo D. they inevitably diminish the faith of the people in the Judiciary; As such.M. Branch 25.” That is an unacceptable excuse. No. Here. RTJ132355. A. election cases. No. Branch 69. Felicidario. P-13-3105. Sheriff IV. Aquino and Felimon E. Branch 1. they lose the trust reposed on them. even if the act is not related to his official functions. Clerk of Court III. A. Baluma. he is guilty of dishonesty and conduct prejudicial to the service. Canon IV of the Code of Conduct for Court Personnel which requires that “court personnel shall at all times perform official duties properly and diligently. trial. No. November 13. A. A. the corresponding penalty may be meted on the erring public officer or employee. Sheriff IV. Former Judge. Office of the Clerk Of Court. 2014 Page 12 of 14 . special civil actions. Tabuk City.Re: Cases Submitted for Decision Before Hon. 2013 Sheriffs and their deputies are the frontline representatives of the justice system. it is incumbent upon the clerk of court to regularly check not only the status of the cases but also the functions of the other court personnel and employees under his supervision. securing a new title reflecting such increase and afterwards destroying the boundary and improvements of the rightful owners. 2013 When a sheriff takes advantage of an erroneous increase of his parcel of land which was unknown to the true owners by keeping silent on the error. Macusi. San Buenaventura vs.Legal 2015) Ethics Failure to decide a case within the reglementary period is not excusable and constitutes gross inefficiency warranting the imposition of administrative sanctions on the defaulting judge. He cannot simply reason that “he had nothing to do with the resetting and the setting of the hearings. P-08-2574..M. Jr. and those required by law. Desiderio W.Justice Teresita Leonardo-De Castro Cases (2008.Office of the Court Administrator vs. and if. September 11. August 28. and those with motions to set for hearing and to give preference to habeas corpus cases. January 22. Migrino. Heirs of Celestino Teves represented by Paul John Teves Abad Elsa C.M. Bohol. the clerk of court showed carelessness and indifference in the performance of his duties. Pasig City. Fernan vs. . . Regional Trial Court. As long as the questioned conduct tarnishes the image and integrity of his public office. . Tagbilaran City. 2013 As clerk of Court and administrative assistant of the judge. Regional Trial Court. Regional Trial Court of Manila. Augusto J.Raul K. P-12-3089.M. especially in light of Section 1. the Court will not tolerate or condone any conduct of judicial agents or employees which would tend to or actually diminish the faith of the people in the Judiciary. Timoteo A.” Furthermore. Metropolitan Trial Court. through their lack of care and diligence in the implementation of judicial writs. said conduct constitutes no less than a clear act of defiance. revealing the judge’s deliberate disrespect and indifference to the authority of the Court. Any delay in the administration of justice. Process Server’s entries in his DTRs for dates that had not yet come to pass were a clear violation of OCA Circular No. and failure to offer any apology and/or explanation for his long delay in complying with the directives/orders of the OCA and this Court. lowers its standards. Not only does it magnify the cost of seeking justice. no matter how brief. Hon. 292 and Other Pertinent Civil Service Laws also provides that falsification or irregularities in the keeping of time records will render the guilty officer or employee administratively liable. when it took three directives and three years for a judge to submit his Comment on an administrative matter against him and another. In Office of the Court Administrator v. Presiding Judge and Abdulrahman D. Branch 14.Justice Teresita Leonardo-De Castro Cases (2008. But Judge Bustamante did not ask for an extension in any of these cases.Legal 2015) Ethics OCA Circular No. Having failed to decide a case within the required period. Garcia-Blanco. Branch 14. It is completely unacceptable especially for a judge. RTJ-11-2287. A.Office of Page 13 of 14 . 7-2003 clearly states that court personnel should indicate in their bundy cards the “truthful and accurate times” of their arrival at.M. . deprives the litigant of his right to a speedy disposition of his case. the office. ask for an extension and such request is generally granted. January 22. Thus. without any order of extension granted by the Court. for good reasons. Judge Bustamante is liable for undue delay that merits administrative sanction. Office of the Court Administrator vs. 2014 This Court has always emphasized the need for judges to decide cases within the constitutionally prescribed 90-day period. No. Rule XVII (on Government Office Hours) of the Omnibus Rules Implementing Book V of Executive Order No. he/she can. Furthermore. A judge who deliberately and continuously fails and refuses to comply with the resolution of the Supreme Court is guilty of gross misconduct and insubordination. Both of the Regional Trial Court. 7-2003. the Court held that the 90-day reglementary period is mandatory. Heavy caseload and demanding workload are not valid reasons to fall behind the mandatory period for disposition of cases. Cader P. A member of the bench cannot pay mere lip service to the 90-day requirement; he/she should instead persevere in its implementation. Indar. The Court usually allows reasonable extensions of time to decide cases in view of the heavy caseload of the trial courts. and departure from. If a judge is unable to comply with the 90day reglementary period for deciding cases or matters. Process Server. Section 4. Piang. Al Haj. and brings it to disrepute. Cotabato City. it undermines the people’s faith and confidence in the judiciary. Failure to decide cases within the reglementary period constitutes a ground for administrative liability except when there are valid reasons for the delay. Judge Borromeo Bustamante. Katipunan. from the presiding judge to the lowliest clerk.Justice Teresita Leonardo-De Castro Cases (2008. Leonardo-De Castro Page 14 of 14 . must always be beyond reproach and must be circumscribed with the heavy burden of responsibility.M. she should have taken steps to learn and hone her computer skills which were essential to her work. A. 2014 While it is true that respondent Sahi is merely human and may commit mistakes. . P-11-302. J. Padma Latip Sahi. The conduct and behavior of everyone connected with an office charged with the dispensation of justice. 2014.Presiding Judge Juan Gabriel Hizon Alano. Edwino Jayson Oliveros and Roberto Babaodono vs. NO. Suzee Wong Jamotillo. A. Mary Annabelle A. MTJ-121806. April 7. Analie Del Rio Balitung.Legal 2015) Ethics the Court Administrator vs.M. No. Granting that respondent Sahi was not good at using computers in the beginning. June 25. there is simply no excuse for making the same mistakes repeatedly despite her superior constantly calling her attention to correct them.
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