Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1975 > May 1975 Decisions > A.M. No. 253-MJ May 29, 1975 - ALFONSO S. AUSEJO, ET AL. v. GAUDENCIO P. PAJUNAR:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[A.M. No. 253-MJ. May 29, 1975.]

MAYOR ALFONSO S. AUSEJO, ET AL., Complainants, v. MUNICIPAL JUDGE GAUDENCIO P. PAJUNAR of Bacong, Negros Oriental, Respondent.

SYNOPSIS


Respondent was administratively accused of absenting himself without permission, ignorance of law, partiality and unfairness. However, during the investigation of the case by the Executive Judge, complainant’s counsel manifested in open court that after he interviewed the witnesses and studied the case thoroughly, he found that complainants could not possibly sustain the charges, and, therefore, prayed for the dismissal of the complaint. The investigating judge recommended the dismissal of the complaint which was duly indorsed by the Judicial Consultant. Complaint dismissed.


SYLLABUS


1. ADMINISTRATIVE COMPLAINT; DISMISSAL; FAILURE TO SUBSTANTIATE THE CHARGES IS A GROUND FOR DISMISSAL. — Where complainants’ counsel manifested in open court that with the evidence he had in hand, the charges against respondent judge could not be sustained and thereafter moved to dismiss the case and to consider the case closed, the Supreme Court, upon recommendation of the investigating judge and the Judicial Consultant dismissed the administrative complaint against respondent on the ground that the charges against him were not substantiated.


R E S O L U T I O N


FERNANDO, J.:


There is more than just a hint of deep-seated personal differences between complainant Alfonso S. Ausejo, then Mayor of the Municipality of Bacong, Negros Oriental; and then respondent Justice of the Peace Gaudencio P. Pajunar, who was accused in an administrative complaint of absenting himself without permission, of ignorance of the law, and of partiality and unfairness. As it was the Department of Justice that was then vested with jurisdiction, the matter was referred to the then Executive Judge of Dumaguete City, Macario P. Santos. There was an answer by respondent wherein he sought to be absolved from the foregoing charges as, according to him, there was no truth to them. The matter was then set for hearing. At the first session, only one witness testified. The next time it was heard, counsel for complainant made this manifestation: "Your Honor please, in this administrative case against Judge Pajunar, I have had a chance to interview the witnesses for the complainant and after a thorough study of their testimonies I discover that some of them are vacillating in their manifestations so that if we proceed with this investigation we may not be able to sustain the charges. So, in view of this predicament, Your Honor, I respectfully pray that this administrative case against Judge Gaudencio P. Pajunar be dismissed and that this investigation he considered closed." 1 Accordingly, there was this report and recommendation from the then Judge Macario P. Santos: "On March 4, 1961, this case was called for hearing. The complainant was represented by Atty. Enrique Medina and the respondent by Attys. Marcelo Flores Et. Al. After the first witness for the complainant had testified, the parties agreed for a continuance to another date, which was set for March 18, 1961; upon resumption of the hearing, counsel for the complainant manifested in open court, that with the evidence that he had in hand, the charges against the respondent could not be sustained, and moved for the dismissal of the case and that the investigation be considered closed. The undersigned is of the opinion, and so holds, that the motion was well-taken; and hereby recommends that this case be dismissed." 2

As of the time of the assumption of jurisdiction of administrative supervision over inferior courts by this Tribunal, in accordance with the present Constitution, the matter was yet unresolved. Accordingly, such report and recommendation and the papers in this administrative complaint were referred to the Judicial Consultant, retired Court of Appeals Justice Manuel P. Barcelona. In the light of studies made by his staff and in accordance with the aforesaid recommendation, he submitted a memorandum endorsing the same as the charges were not substantiated.

WHEREFORE, the administrative complaint against Municipal Judge Gaudencio P. Pajunar is dismissed on the ground that the charges against him were not substantiated.

Barredo, Antonio, Aquino and Concepcion, Jr., JJ., concur.

Endnotes:



1. T.s.n., Session of March 18, 1961, 2.

2. Report and Recommendation dated March 23, 1961.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






May-1975 Jurisprudence                 

  • G.R. No. L-29129 May 8, 1975 - PEOPLE OF THE PHIL. v. DOMINGO MABUYO

  • G.R. No. L-33516 May 8, 1975 - MARIANO RODRIGUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. L-37364 May 9, 1975 - BENIGNO S. AQUINO, JR. v. MILITARY COMMISSION NO. 2, ET AL.

  • A.C. No. 547 January 29, 1975 - EMERENCIANA V. REYES v. FELIPE C. WONG

  • G.R. No. L-27674 May 12, 1975 - SOLEDAD T. CONSING, ET AL. v. JOSE T. JAMANDRE

  • G.R. No. L-40143 May 12, 1975 - MARIANO G. HIQUIANA v. COMMISSION ON ELECTIONS

  • A.M. No. 487-CAR May 13, 1975 - ROMULO G. LOPEZ v. GETULIO Z. GUEVARA

  • G.R. No. L-25048 May 13, 1975 - PHOENIX ASSURANCE COMPANY v. MACONDRAY & CO., INC.

  • G.R. No. L-34314 May 13, 1975 - SOFIA PASTOR DE MIDGELY v. PIO B. FERANDOS, ET AL.

  • G.R. No. L-38096 May 14, 1975 - CONCEPCION T. UY v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • A.M. No. 77-MJ May 16, 1975 - JUAN B. CASTILLO v. TEOFILO A. BARSANA

  • A.M. No. P-124 May 16, 1975 - SOLEDAD V. GANADEN v. GREGORIO N. BOLASCO

  • G.R. No. L-39195 May 16, 1975 - SAN MIGUEL CORPORATION, ET AL. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. L-39569 May 16, 1975 - CROMWEL DENILA, ET AL. v. JOSUE BELLOSILLO, ET AL.

  • A.M. No. 804-CJ May 19, 1975 - SATURNINO SELANOVA v. ALEJANDRO E. MENDOZA

  • A.C. No. 1081 May 19, 1975 - ABUNDIO BALDOMAN v. ROQUE LUSPO

  • G.R. No. L-20203 May 19, 1975 - LA CARLOTA SUGAR CENTRAL v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-26191 May 19, 1975 - PEOPLE OF THE PHIL. v. EDUARDO BESANA, JR.

  • G.R. No. L-39993 May 19, 1975 - PEOPLE OF THE PHIL. v. CONSTANTE A. ANCHETA

  • A.M. No. 534-CFI May 20, 1975 - LYDIA S. NOCUM v. WILLELMO C. FORTUN

  • G.R. No. L-28649 May 21, 1975 - FRANCISCO J. NICOLAS v. REPARATIONS COMMISSION, ET AL.

  • G.R. Nos. L-33720-21 May 21, 1975 - PHILIPPINE BRITISH CO., INC., ET AL. v. WALFRIDO DE LOS ANGELES, ET AL.

  • A.M. No. 411-MJ May 22, 1975 - ERNESTO R. GONZALES v. VICENTE DE RODA OF BOGO, CEBU

  • G.R. No. L-32080 May 22, 1975 - PEOPLE OF THE PHIL. v. AGUSTIN ALQUISAR, ET. AL., ET AL.

  • G.R. No. L-36022 May 22, 1975 - PEOPLE OF THE PHIL. v. IGNACIO JOVEN

  • G.R. No. L-39115 May 26, 1975 - SEGIFREDO L. ACLARACION v. MAGNO S. GATMAITAN, ET AL.

  • G.R. No. L-40010 May 26, 1975 - RUSSEL R. ENERIO, ET AL. v. NESTOR B. ALAMPAY, ET AL.

  • G.R. No. L-25921 May 27, 1975 - VANGUARD ASSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 41-MJ May 28, 1975 - ALFREDO ARPON v. ARISTIDES B. DE LA PAZ, ET AL.

  • A.C. No. P-242 May 28, 1975 - PEDRO PINEDA v. MARIO A. HIZALAN

  • A.M. No. 429-MJ May 28, 1975 - GASPAR PARENTE v. FERNANDO DE LOS SANTOS

  • G.R. No. L-29128 May 28, 1975 - DOMINGA JAVIER, ET AL. v. SABAS MARFIL, ET AL.

  • G.R. No. L-36560 May 28, 1975 - PEOPLE OF THE PHIL. v. PAULINO ILAGAN, ET AL.

  • G.R. No. L-39764 May 28, 1975 - ONG TIAO SENG v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-40491 May 28, 1975 - SEGUNDO AMANTE v. DELFIN VIR. SUÑGA

  • A.C. No. 203-CJ May 29, 1975 - PABLO MARCOS v. ANDRES DOMINGO, ET AL.

  • A.M. No. 253-MJ May 29, 1975 - ALFONSO S. AUSEJO, ET AL. v. GAUDENCIO P. PAJUNAR

  • G.R. No. L-24522 May 29, 1975 - PEOPLE OF THE PHIL. v. NUMERIANO G. ESTENZO

  • G.R. No. L-27534 May 29, 1975 - ATLAS TIMBER COMPANY, ET AL. v. FIRST WESTERN BANK AND TRUST CO.

  • G.R. No. L-31041 May 20, 1975 - PEOPLE OF THE PHIL. v. JUANITO C. ALDE

  • G.R. No. L-39863 May 29, 1975 - MANUEL GARCIA, ET AL. v. TOMAS R. LEONIDAS, ET AL.

  • A.C. No. 111-MJ May 30, 1975 - FELIX CARREON v. BRUNO R. FLORES

  • A.M. No. 810-CJ May 30, 1975 - JOSE KUAN SING v. ROSENDO BALTAZAR

  • A.M. No. 852-MJ May 30, 1975 - FELISBERTO ALEGRE v. RHODIE A. NIDEA

  • A.C. No. 905 May 30, 1975 - HERMOGENES G. MENDOZA v. ARSENIO R. REYES

  • G.R. No. L-25779 May 30, 1975 - SOCIAL SECURITY SYSTEM v. VALDERRAMA LUMBER MANUFACTURERS CO., INC.

  • G.R. No. L-26507 May 30, 1975 - LAKAS NG MANGGAGAWANG MAKABAYAN v. WALFRIDO DELOS ANGELES

  • G.R. No. L-37378 May 30, 1975 - HIDELIZA C. CAMOMOT, ET AL. v. ROMULO SENINING, ET AL.

  • G.R. No. L-38502 May 30, 1975 - PIO B. FERANDOS v. JUAN Y. REYES, ET AL.

  • G.R. No. L-39741 May 30, 1975 - NATION MULTI SERVICE LABOR UNION, ET AL. v. MARIANO V. AGCAOILI, ET AL.

  • G.R. No. L-40187 May 30, 1975 - GENERAL TEXTILES, INC. v. WORKMEN’S COMPENSATION COMMISSION, ET AL.