ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-1997 Jurisprudence                 

  • G.R. Nos. 124360 & 127867 December 3, 1997 - FRANCISCO S. TATAD v. SECRETARY OF THE DEPARTMENT OF ENERGY, ET AL.

  • Adm. Matter No. 95-9-98-MCTC December 4, 1997 - REQUEST OF JUDGE EDUARDO F. CARTAGENA

  • G.R. No. 116354 December 4, 1997 - HEIRS OF REYNALDO ANIBAN v. NLRC, ET AL.

  • G.R. No. 117624 December 4, 1997 - PEOPLE OF THE PHIL. v. EFREN L. HERNANDEZ, ET AL.

  • G.R. No. 121508 December 4, 1997 - PEOPLE OF THE PHIL. v. JOEL CABEL

  • G.R. No. 121628 December 4, 1997 - PEOPLE OF THE PHIL. v. REX TURINGAN, ET AL.

  • G.R. No. 126560 December 4, 1997 - ALFONSO PAA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 97-1-08-MTC December 5, 1997 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN MTC, SIBULAN, NEGROS ORIENTAL

  • G.R. No. 108505 December 5, 1997 - PEOPLE OF THE PHIL. v. ARIEL OLIVA

  • G.R. No. 117196 December 5, 1997 - LADISLAO P. VERGARA v. NLRC, ET AL.

  • G.R. Nos. 119078-79 December 5, 1997 - PEOPLE OF THE PHIL. v. DELVIN ARELLANO, ET AL.

  • G.R. No. 120318 December 5, 1997 - RICARDO CANICOSA v. COMELEC, ET AL.

  • G.R. No. 121878 December 5, 1997 - PEOPLE OF THE PHIL. v. HECTOR ESTARES

  • G.R. No. 124456 December 5, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 108722 December 9, 1997 - PEOPLE OF THE PHIL. v. ERLINDA CARREON

  • G.R. No. 124554 December 9, 1997 - ETERNAL GARDENS MEMORIAL PARK CORP. v. COURT OF APPEALS, ET AL.

  • Adm. Matter SB-95-6-P December 10, 1997 - PEPITO GUILLEN v. LUIS CONSTANTINO

  • G.R. No. 108731 December 10, 1997 - DEL MAR DOMESTIC ENTERPRISES, ET AL. v. NLRC, ET AL.

  • G.R. No. 121241 December 10, 1997 - FURUSAWA RUBBER PHIL., INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 109169 December 12, 1997 - PEOPLE OF THE PHIL. v. ROLANDO ABRERA, ET AL.

  • G.R. No. 110715 December 12, 1997 - ELBERT TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111953 December 12, 1997 - RENATO C. CORONA, ET AL. v. UNITED HARBOR PILOTS ASSN. OF THE PHILS., ET AL.

  • G.R. Nos. 112287 & 112350 December 12, 1997 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114905 December 12, 1997 - PEOPLE OF THE PHIL. v. DONNIE PERALTA

  • G.R. Nos. 117483-84 December 12, 1997 - PEOPLE OF THE PHIL. v. NORLITO CARA, ET AL.

  • G.R. No. 122487 December 12, 1997 - PEOPLE OF THE PHIL. v. REYNALDO BERROYA, ET AL.

  • G.R. No. 122653 December 12, 1997 - PURE FOODS CORP. v. NLRC, ET AL.

  • G.R. Nos. 122743 & 127215 December 12, 1997 - TELEFUNKEN SEMICONDUCTORS EMPLOYEES UNION v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 123595 December 12, 1997 - SAMMY MALACAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 126623 December 12, 1997 - ERNESTO MORALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129938 December 12, 1997 - ALFREDO B. ENOJAS, JR. v. COMELEC, ET AL.

  • G.R. No. 109714 December 15, 1997 - BETTER BUILDINGS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 110163 December 15, 1997 - EDUARDO A. ZANORIA v. COURT OF APPEALS

  • G.R. No. 111244 December 15, 1997 - ARTURO ALANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 113466 December 15, 1997 - NATIONAL FEDERATION OF LABOR, ET AL. v. NLRC, ET AL.

  • G.R. No. 116487 December 15, 1997 - PEOPLE OF THE PHIL. v. MICHAEL CABAL, ET AL.

  • G.R. No. 118086 December 15, 1997 - SUSAN G. CARUNGCONG v. NLRC, ET AL.

  • G.R. No. 118463 December 15, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 122655 December 15, 1997 - REYNALDO B. ALFANTE v. NLRC, ET AL.

  • G.R. No. 123648 December 15, 1997 - ABDULLAH A. JAMIL v. COMELEC, ET AL.

  • G.R. No. 130148 December 15, 1997 - JOSE BORDADOR, ET AL. v. BRIGIDA D. LUZ, ET AL.

  • Adm. Matter No. P-94-1088 December 17, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. ADMER L. FERRER

  • Adm. Matter No. RTJ-97-1394 December 17, 1997 - ROMEO STA. ANA v. GRACIANO H. ARINDAY, JR.

  • G.R. No. 121736 December 17, 1997 - PEOPLE OF THE PHIL. v. SAPAL MIDTOMOD

  • Adm. Case No. 4349 December 22, 1997 - LOURDES R. BUSINOS v. FRANCISCO RICAFORT

  • Adm. Matter No. RTJ-97-1395 December 22, 1997 - PEDRO A. SAN JUAN v. LORE V. BAGALASCA

  • G.R. No. 110097 December 22, 1997 - PEOPLE OF THE PHIL. v. ARNULFO ASTORGA

  • G.R. No. 117873 December 22, 1997 - PEOPLE OF THE PHIL. v. MERCY SANTOS

  • G.R. No. 118917 December 22, 1997 - PHILIPPINE DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120435 & 120974 December 22, 1997 - ESTATE OF THE LATE MERCEDES JACOB, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124724 December 22, 1997 - RENE UY GOLANGCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125752 December 22, 1997 - IRENEO A. MANAHAN v. ARTURO M. BERNARDO, ET AL.

  • G.R. No. 128369 December 22, 1997 - RODOLFO CAOILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 129783 December 22, 1997 - MARCELINO C. LIBANAN v. HRET, ET AL.

  •  





     
     

    Adm. Matter No. 95-9-98-MCTC   December 4, 1997 - REQUEST OF JUDGE EDUARDO F. CARTAGENA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. 95-9-98-MCTC. December 4, 1997.]

    REQUEST OF JUDGE EDUARDO F. CARTAGENA, Municipal Circuit Trial Court, Lamitan, Basilan, FOR TWO MONTHS LEAVE WITHOUT PAY FROM 10 AUGUST TO 01 NOVEMBER 1995.


    R E S O L U T I O N


    PER CURIAM:


    This administrative matter came about following the receipt by Deputy Court Administrator Bernardo P. Abesamis of a letter, dated 14 August 1995, of Judge Eduardo F. Cartagena, of the Municipal Circuit Trial Court of Lamitan-Tipo-tipo and Tuburan, Basilan, applying for a two-month leave without pay from 10 August to 01 November 1995. In the letter, evidently sent from the United States of America ("USA"), Judge Cartagena wrote to say that after attending a seminar in Tagaytay City, he had to immediately depart for Los Angeles, USA, upon being informed by his daughter that his mother was gravely ill. He said that he had failed to get an authority to travel from the Office of the Court Administrator because he took a direct flight from Zamboanga City and stayed in Manila only for some minutes for the connecting flight. He likewise mentioned about having to promptly keep an appointment at the LACUSC Medical Center in connection with his prostate gland ailment and another consultation with an EENT specialist regarding his hearing problem.chanrobles.com.ph : virtual law library

    Judge Cartagena stated that he was able to dispose of more than twenty cases within a period of three months and that he had no pending cases for trial or decision.

    In the meantime, the Court received a letter, dated 25 August 1995, from Executive Judge Salvador A. Memoracion of the Regional Trial Court of Isabela, Basilan, Branch 2, advising the Court that Judge Cartagena again left for abroad without notice and without filing any application for leave of absence. It would appear that Judge Cartagena had traveled before without first informing Judge Memoracion. The Clerk of Court of MCTC Lamitan-Tipo-tipo-Tuburan Wilfredo P. Reyes, reported to Judge Memoracion that Judge Cartagena had left various legal matters, including several cases pending trial, all requiring his personal attention. Judge Memoracion recommended the dismissal of Judge Cartagena from the service and meanwhile designated Judge Cecilio G. Martin to be the Acting Presiding Judge of MCTC Lamitan-Tipo-Tipo-Tuburan.

    In its resolution of 17 October 1995, the Court resolved to deny the letter-request, dated 14 August 1995, of Judge Cartagena and to direct him to return to the Philippines within ten days from receipt of the resolution of the Court, as well as to explain. upon his arrival why he should not be disciplinarily dealt with for traveling abroad without the corresponding application for leave, travel authority and court clearance.

    In his explanation, dated 16 July 1996, sent from California, USA, Judge Cartagena averred that he had received a copy of the Court’s 17 October 1995 resolution only on 15 July 1996 when it was brought to him by his daughter who visited from the Philippines. He was thus informed, for the first time, that his request for authority to travel had been denied. According to him he was unable to return to the Philippines, as directed by the Court, as he had to attend to the needs of his mother who was then gravely ill. It was only after his mother’s recovery that he was able to attend to his prostate problem and to have his treatment which lasted for six months. He then went to an EENT specialist for eye treatment. He was scheduled to return to the Philippines forthwith but, on 09 April 1996, his daughter’s car which he was driving was hit by a sixteen-wheeler truck. He had to undergo physical therapy and was discharged only on 20 June 1996. Judge Cartagena, finally, manifested his desire to return to his post or be allowed to retire.

    In a letter to the Court, dated 02 April 1997, Judge Memoracion requested that Judge Cartagena be investigated for abandonment of office from 08 August 1995 to 31 March 1997, or for a period of one year, seven months and twenty-three days; for failure to comply with this Court’s resolution of 17 October 1995; for going to the USA and returning to his station without notifying the Executive Judge of RTC, Isabela, Basilan; and for making or treating his office as if it were his personal domain.

    In a letter, dated the following day or 03 April 1997, Judge Memoracion directed Judge Cartagena to cease and desist from acting as Presiding Judge of MCTC-Tipo-Tipo-Tuburan until the latter could present a resolution from the Supreme Court that no disciplinary measure had been taken against him pursuant to the Court’s resolution of 17 October 1995.

    In his supplemental explanation, dated 07 April 1997, Judge Cartagena informed the Court that he reported for work on 31 March 1997 in compliance with the 17 October 1995 resolution of the Court. He was not able to drop by at the Supreme Court on his way to his station because, he explained, his connecting flight from Los Angeles arrived in Manila at midnight of 25 March 1997, and his flight to Zamboanga City was at 5:30 in the morning. He also stated that he was unable to return to his station after he submitted his explanation, dated 16 July 1996, because he underwent continued physical therapy due to the vehicular accident he encountered on 20 January 1997. He reiterated his willingness to assume his post (a place which he described as a hotbed of terrorist activities) or, in the alternative, to be allowed to retire for medical reasons.chanrobles law library

    In its resolution of 26 June 1997 the Court referred the matter to the Office of the Court Administrator for evaluation, report and recommendation.

    The OCA reported that from 1993 to 1997, Judge Cartagena was almost always abroad (in the USA). His first recorded leave of absence for the USA was for vacation and sick leave from 01 June to 23 July 1993 to visit his mother, whom he had claimed to be gravely ill. He again requested for another leave from 30 May to 08 July 1994 to visit his wife and children in the USA. The OCA noted the report, dated 17 April 1995, of the Leave Division of the Court, stating that Judge Cartagena applied for leave of absence with pay from 30 May to 10 June 1994, and leave of absence without pay from 11 June to 08 July 1994. He requested for an extension of his leave from 11 July to 14 November 1994 but it was denied by DCA Juanito Bernad on 24 October 1994. Judge Cartagena next requested for an extension of his leave of absence from 15 November 1994 to 22 March 1995 supposedly because he had to undergo a gall bladder operation. He was required to submit a medical certificate; he complied by submitting one issued by the Los Angeles County University of Southern California Medical Center along with another request for extension of his leave until the first week of April 1995. The medical certificate, upon evaluation of the Supreme Court Clinic, was found to be "incomplete and deplete of essential information required for a thorough and complete evaluation of (the) case." 1 Judge Cartagena’s request was denied, and he was directed by DCA Juanito A. Bernad to forthwith return to the Philippines and report for work.

    In a memorandum addressed to Chief Justice Andres R. Narvasa dated 11 September 1997, the OCA, through DCA Bernardo P. Abesamis, recommended that Judge Cartagena be allowed to retire from the service effective 31 March 1997 and that a fine of One Hundred Thousand Pesos (P100,000.00) be imposed upon him, deductible from any retirement benefit that may be due him.

    The Court holds that respondent Judge should be dismissed from the service.chanrobles.com:cralaw:red

    Judge Cartagena’s attitude betrays his lack of concern for his office. In one instance, "In Re: Request of Judge Esther N. Bans to Travel Abroad," 2 the Court has had occasion to stress:jgc:chanrobles.com.ph

    ". . . As a judicial officer delicately tasked with the administration of justice, the higher interests of public service should, at all times, be above all other considerations. . . . Judges should be reminded that requests for permission to travel abroad on official time should not be presumed granted by the Court. Guided by considerations of higher interests of the service, the Court, painstakingly looks into every request on a case-to-case basis." 3

    Judge Cartagena’s travels have been neither on official time nor for official business. He undoubtedly should have been more conscious of his court duties, as well as more cautious of his actuations, than he has heretofore exhibited. He should have been aware that, in regularly leaving his station, he continually has caused great disservice to countless litigants and has denied them speedy justice. In departing for abroad without the knowledge, let alone the permission, of the Court, Judge Cartagena has violated Memorandum Order No. 26 4 which mandates that" (r)equests for permission to travel abroad from members and employees of the judiciary (should . . .) be obtained from the Supreme Court." 5 In addition, Judge Cartagena has chosen to be unmindful of the authority of his immediate superior, Judge Memoracion, whom he apparently did not even notify of his travels.

    The doctrine of res ipsa loquitur, i.e., that the Court may impose its authority upon erring judges whose actuations, on their face, would show gross incompetence, ignorance of the law, or misconduct, is obviously applicable to the instant case. 6

    WHEREFORE, finding respondent Judge Eduardo F. Cartagena guilty of gross misconduct, the Court hereby dismisses him from the service with forfeiture of all benefits and with prejudice to re-employment in any other branch, instrumentality or agency of the government, including government-owned and controlled corporations.chanrobles lawlibrary : rednad

    Judge Eduardo F. Cartagena is hereby enjoined upon his receipt hereof to cease and desist from performing any and all acts pertaining to his office.

    This decision is immediately executory.

    Let a copy of this decision be attached to the records of Judge Eduardo F. Cartagena with this Court.

    Narvasa, C.J., Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Francisco, Panganiban and Martinez, JJ., concur.

    Mendoza, J., is on leave.

    Endnotes:



    1. Rollo, p. 52.

    2. 147 SCRA 560.

    3. At page 563.

    4. Modifying Executive Order No. 6 Providing Procedures Relative to Requests of Government Officials and for Authority to Travel Abroad.

    5. See Recio v. Acuña, OCA v. Acuña, 221 SCRA 70.

    6. Macalintal v. Judge Teh, A.M. No. RTJ-97-1375, 16 October 1997; Consolidated Bank and Trust Corporation v. Capistrano, 159 SCRA 47.

    Adm. Matter No. 95-9-98-MCTC   December 4, 1997 - REQUEST OF JUDGE EDUARDO F. CARTAGENA


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED