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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-2001 Jurisprudence                 

  • A.M. No. P-00-1446 June 6, 2001 - PATERNO R. PLANTILLA v. RODRIGO G. BALIWAG

  • A.M. No. P-91-642 June 6, 2001 - SOLEDAD LAURO v. EFREN LAURO

  • G.R. No. 92328 June 6, 2001 - DAP MINING ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100579 June 6, 2001 - LEANDRO P. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113918 June 6, 2001 - MARCELINA G. TRINIDAD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121272 June 6, 2001 - PEOPLE OF THE PHIL. v. REYDERICK LAGO

  • G.R. No. 122353 June 6, 2001 - EVANGELINE DANAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129534 & 141169 June 6, 2001 - PEOPLE OF THE PHIL. v. NESTOR MACANDOG, ET AL.

  • G.R. No. 138949 June 6, 2001 - UNION BANK OF THE PHIL. v. SEC

  • G.R. No. 138971 June 6, 2001 - PEZA v. RUMOLDO R FERNANDEZ

  • G.R. No. 139034 June 6, 2001 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139323 June 6, 2001 - PEOPLE OF THE PHIL. v. CARLO ELLASOS, ET AL.

  • G.R. No. 140128 June 6, 2001 - ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB

  • G.R. No. 140277 June 6, 2001 - PEOPLE OF THE PHIL v. GUILLERMO BALDAGO, ET AL.

  • G.R. No. 141529 June 6, 2001 - FRANCISCO YAP, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142888 June 6, 2001 - EVELIO P. BARATA v. BENJAMIN ABALOS JR.

  • G.R. No. 143561 June 6, 2001 - JONATHAN D. CARIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 110335 June 18, 2001 - IGNACIO GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-01-1615 June 19, 2001 - WINNIE BAJET v. PEDRO M. AREOLA

  • A.M. No. RTJ-01-1633 June 19, 2001 - ANTONIO and ELSA FORTUNA v. MA. NIMFA PENACO-SITACA, ET AL.

  • G.R. No. 99433 June 19, 2001 - PROJECT BUILDERS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114944 June 19, 2001 - MANUEL C. ROXAS, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 120701 June 19, 2001 - PEOPLE OF THE PHIL. v. JONATHAN CRISANTO

  • G.R. No. 123916 June 19, 2001 - PEOPLE OF THE PHIL. v. LYNTON ASUNCION

  • G.R. No. 130605 June 19, 2001 - PEOPLE OF THE PHIL. v. FELIX UGANAP, ET AL.

  • G.R. No. 132160 June 19, 2001 - PEOPLE OF THE PHIL. v. MARIO DE LEON, ET AL.

  • G.R. No. 132223 June 19, 2001 - BONIFACIA P. VANCIL v. HELEN G. BELMES

  • G.R. No. 134895 June 19, 2001 - STA. LUCIA REALTY and DEV’T., ET AL. v. LETICIA CABRIGAS, ET AL.

  • G.R. No. 137164 June 19, 2001 - PEOPLE OF THE PHIL. v. ALBERT NUBLA

  • G.R. No. 137752 June 19, 2001 - PEOPLE OF THE PHIL. v. ROBERT AYUNGON

  • G.R. Nos. 138298 & 138982 June 19, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 139313 June 19, 2001 - PEOPLE OF THE PHIL. v. FLORANTE LEAL

  • G.R. No. 140690 June 19, 2001 - PEOPLE OF THE PHIL. v. NAZAR U. CHAVEZ

  • G.R. No. 141441 June 19, 2001 - JOSE SUAN v. NLRC, ET AL.

  • A.M. No. 00-10-230-MTCC June 20, 2001 - RE: JULIAN C. OCAMPO III AND RENATO C. SAN JUAN

  • A.M. No. 00-11-521-RTC June 20, 2001 - RE: AWOL OF MS. LILIAN B. BANTOG

  • A.M. No. P-99-1346 June 20, 2001 - RESTITUTO L. CASTRO v. CARLOS BAGUE

  • A.M. No. RTJ-00-1606 June 20, 2001 - PATRIA MAQUIRAN v. LILIA G. LOPEZ

  • G.R. No. 84831 June 20, 2001 - PACENCIO ABEJARON v. FELIX NABASA, ET AL.

  • G.R. No. 109666 June 20, 2001 - ROGERIO R. OLAGUER, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 113564 June 20, 2001 - INOCENCIA YU DINO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115851 June 20, 2001 - LA JOLLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127129 June 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO CABAYA, ET AL.

  • G.R. No. 128617 June 20, 2001 - PEOPLE OF THE PHIL. v. CESAR BACUS

  • G.R. Nos. 129292-93 June 20, 2001 - PEOPLE OF THE PHIL. v. ARLENGEN DEGALA

  • G.R. No. 130524 June 20, 2001 - PEOPLE OF THE PHIL. v. RUDY MADIA

  • G.R. No. 131036 June 20, 2001 - PEOPLE OF THE PHIL. v. DONATO DEL ROSARIO

  • G.R. Nos. 135976-80 June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

  • G.R. No. 138629 June 20, 2001 - PEOPLE OF THE PHIL. v. RAMON CAMACHO

  • G.R. No. 139430 June 20, 2001 - EDI STAFF BUILDERS INTERNATIONAL v. FERMINA D. MAGSINO

  • G.R. Nos. 139445-46 June 20, 2001 - PEOPLE OF THE PHIL. v. RODRIGO GONZALES

  • G.R. No. 142304 June 20, 2001 - CITY OF MANILA v. OSCAR SERRANO, ET AL.

  • A.M. No. MTJ-01-1342 June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

  • G.R. No. 108558 June 21, 2001 - ANDREA TABUSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109197 June 21, 2001 - JAYME C. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 111580 & 114802 June 21, 2001 - SHANGRI-LA INTERNATIONAL HOTEL MNGT. LTD. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116200-02 June 21, 2001 - PEOPLE OF THE PHIL. v. ELEUTERIO TAN, ET AL.

  • G.R. No. 131131 June 21, 2001 - PEOPLE OF THE PHIL. v. ABELARDO SALONGA

  • G.R. No. 134138 June 21, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO BRIONES AYTALIN

  • G.R. Nos. 135552-53 June 21, 2001 - PEOPLE OF THE PHIL. v. ABEL ABACIA, ET AL.

  • G.R. No. 139542 June 21, 2001 - PEOPLE OF THE PHIL. v. INOCENCIO GONZALEZ

  • G.R. No. 140206 June 21, 2001 - PEOPLE OF THE PHIL. v. RODOLFO MATYAONG

  • G.R. No. 142023 June 21, 2001 - SANNY B. GINETE v. SUNRISE MANNING AGENCY, ET AL.

  • G.R. No. 103068 June 22, 2001 - MEAT PACKING CORP. OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • A.M. No. MTJ-96-1110 June 25, 2001 - MANUEL N. MAMBA, ET AL. v. DOMINADOR L. GARCIA

  • G.R. No. 116710 June 25, 2001 - DANILO D. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128126 June 25, 2001 - PEOPLE OF THE PHIL. v. RAFAEL M. CATAPANG

  • G.R. No. 132051 June 25, 2001 - TALA REALTY SERVICES CORP. v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 134068 June 25, 2001 - UNION BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136221 June 25, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136382 June 25, 2001 - PEOPLE OF THE PHIL. v. FIDEL ALBORIDA

  • G.R. Nos. 138439-41 June 25, 2001 - PEOPLE OF THE PHIL. v. MARIO PANGANIBAN

  • G.R. No. 141141 June 25, 2001 - PAGCOR v. CARLOS P. RILLORAZA

  • G.R. No. 141801 June 25, 2001 - SOLOMON ALVAREZ v. COURT OF APPEALS

  • G.R. No. 143428 June 25, 2001 - SANDOVAL SHIPYARDS, ET AL. v. PRISCO PEPITO, ET AL.

  • A.M. No. 99-11-423-RTC June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

  • A.M. No. RTJ-99-1461 June 26, 2001 - RICARDO DELA CRUZ v. HERMINIA M. PASCUA

  • A.M. No. RTJ-99-1486 June 26, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ISMAEL SANCHEZ

  • G.R. Nos. 110547-50 & 114526-667 June 26, 2001 - JOSE SAYSON v. SANDIGANBAYAN ET AL.

  • G.R. No. 120859 June 26, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. FRANCISCO Y. WONG

  • G.R. No. 123542 June 26, 2001 - PEOPLE OF THE PHIL. v. ROGELIO BULOS

  • G.R. Nos. 132848-49 June 26, 2001 - PHILROCK v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 133990 June 26, 2001 - PEOPLE OF THE PHIL. v. HECTOR MARIANO

  • G.R. No. 134764 June 26, 2001 - PEOPLE OF THE PHIL v. BENJAMIN FABIA

  • G.R. Nos. 139626-27 June 26, 2001 - PEOPLE OF THE PHIL. v. DOMINGO DELA CRUZ

  • G.R. No. 143204 June 26, 2001 - HYATT TAXI SERVICES INC. v. RUSTOM M. CATINOY

  • G.R. Nos. 147589 & 147613 June 26, 2001 - ANG BAGONG BAYANI-OFW LABOR PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 130661 June 27, 2001 - PEOPLE OF THE PHIL. v. DANILO I. TORRES, ET AL.

  • G.R. No. 135882 June 27, 2001 - LOURDES T. MARQUEZ v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140001 June 27, 2001 - PEOPLE OF THE PHIL. v. EDUARDO BUENAFLOR

  • A.C. No. 3910 June 28, 2001 - JOSE S. DUCAT v. ARSENIO C. VILLALON, ET AL.

  • A.C. No. 4073 June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

  • A.M. No. P-01-1480 June 28, 2001.

    AMADO S. CAGUIOA v. CRISANTO FLORA

  • A.M. No. P-99-1343 June 28, 2001 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • A.M. No. RTJ-00-1576 June 28, 2001 - SIMPLICIO ALIB v. EMMA C. LABAYEN

  • G.R. No. 105364 June 28, 2001 - PHIL. VETERANS BANK EMPLOYEES UNION-N.U.B.E., ET AL. v. BENJAMIN VEGA, ET AL.

  • G.R. No. 110813 June 28, 2001 - PEOPLE OF THE PHIL. v. ERNESTO PARDUA, ET AL.

  • G.R. No. 110914 June 28, 2001 - ALFREDO CANUTO; JR., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 112453-56 June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

  • G.R. Nos. 112563 & 110647 June 28, 2001 - HEIRS OF KISHINCHAND HIRANAND DIALDAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120630 June 28, 2001 - PEOPLE OF THE PHIL. v. MARCELO PALERMO

  • G.R. No. 131954 June 28, 2001 - ASELA B. MONTECILLO, ET AL v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 132026-27 June 28, 2001 - PEOPLE OF THE PHIL. v. MARIO ABENDAN, ET AL.

  • G.R. No. 132362 June 28, 2001 - PIO BARRETTO REALTY DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132837 June 28, 2001 - JO CINEMA CORP., ET AL. v. LOLITA C. ABELLANA, ET AL.

  • G.R. No. 133605 June 28, 2001 - PEOPLE OF THE PHIL. v. BENJAMIN BARRIAS

  • G.R. No. 135846 June 28, 2001 - PEOPLE OF THE PHIL v. NOEL ORTEGA

  • G.R. No. 138270 June 28, 2001 - SEA POWER SHIPPING ENTERPRISES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142314 June 28, 2001 - MC ENGINEERING, ET AL. v. NLRC, ET AL.

  • G.R. No. 143723 June 28, 2001 - LITONJUA GROUP OF CO.’s., ET AL. v. TERESITA VIGAN

  • G.R. No. 144113 June 28, 2001 - EDWEL MAANDAL v. PEOPLE OF THE PHIL

  • G.R. No. 144942 June 28, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA SUERTE CIGAR.

  • G.R. No. 146062 June 28, 2001 - SANTIAGO ESLABAN v. CLARITA VDA. DE ONORIO

  • A.M. No. 00 4-166-RTC June 29, 2001 - Re: Report on the Judicial Audit

  • A.M. No. 01-4-03-SC June 29, 2001 - HERNANDO PEREZ, ET AL. v. JOSEPH E. ESTRADA, ET AL.

  • A.M. No. P-00-1380 June 29, 2001 - GLORIA O. DINO v. FRANCISCO DUMUKMAT

  • G.R. No. 110480 June 29, 2001 - BANGKO SILANGAN DEVELOPMENT BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111860 June 29, 2001 - PEOPLE OF THE PHIL. v. JESUS CLEDORO

  • G.R. No. 116092 June 29, 2001 - SUSANA VDA. DE COCHINGYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118251 June 29, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. REGINO T. VERIDIANO II, ET AL.

  • G.R. No. 121597 June 29, 2001 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 125944 June 29, 2001 - DANILO SOLANGON, ET AL. v. JOSE AVELINO SALAZAR

  • G.R. No. 126396 June 29, 2001 - PEOPLE OF THE PHIL v. FELIXBERTO LAO-AS

  • G.R. No. 128705 June 29, 2001 - CONRADO AGUILAR v. COMMERCIAL SAVINGS BANK, ET AL.

  • G.R. No. 129782 June 29, 2001 - PEOPLE OF THE PHIL. v. BALWINDER SINGH, ET AL.

  • G.R. No. 131968 June 29, 2001 - ERNESTO PENGSON, ET AL v. MIGUEL OCAMPO, ET AL.

  • G.R. No. 132059 June 29, 2001 - PEOPLE OF THE PHIL. v. WENEFREDO DIMSON ASOY

  • G.R. No. 138598 June 29, 2001 - ASSET PRIVATIZATION TRUST v. SANDIGANBAYAN, ET AL.

  • G.R. No. 144542 June 29, 2001 - FRANCISCO DELA PEÑA, ET AL v. SANDIGANBAYAN, ET AL.

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    A.M. No. MTJ-01-1342   June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. MTJ-01-1342. June 21, 2001.]

    BISHOP CRISOSTOMO A. YALUNG and ATTY. ROY MANUEL M. VILLASOR, Complainants, v. JUDGE ENRIQUE M. PASCUA, 8th MCTC of Paoay — Currimao, Ilocos Norte, in his capacity as Acting Presiding Judge, MeTC, Branch 64, Makati City, Respondent.

    D E C I S I O N


    MENDOZA, J.:


    This is a complaint against Judge Enrique M. Pascua of the Metropolitan Trial Court, Branch 64, Makati City, for gross misconduct, dishonesty, and the commission of acts inimical to the interest of the judiciary.chanrob1es virtua1 1aw 1ibrary

    The complaint charges the following acts and/or omissions against Respondent.

    1. Delay in the decision of cases. It is alleged that respondent failed to decide Civil Case No. 50450, entitled "The Roman Catholic Archbishop of Manila v. Limitless Potentials, Inc." and a motion incident to the execution of the judgment in Civil Case No. 48664, entitled "The Roman Catholic Archbishop of Manila v. Nari Gidwani, Et. Al." wherein complainant Crisostomo A. Yalung is the plaintiff’s Auxiliary Bishop and concurrent moderator curiae.

    2. Refusal to recuse himself. It is alleged that respondent should have inhibited himself from Criminal Case No. 207096, entitled "People v. Crisostomo Yalung, Roy Manuel M. Villasor, SG Fernando Tagle, and SG Ronan Guerrero" because respondent’s nephew, Atty. Cris Pascua Zafra, is married to the daughter of Atty. P. M. Castillo, complainants’ defense counsel in that case. Complainants’ claim that although respondent’s relationship is to the husband of the daughter of their counsel, they did not want respondent to try their case because they wanted "to [avoid] any stigma and/or cloud of doubt on any order/decision" which respondent may render on the case. 1 Besides, they contend, respondent was actually biased against them as shown by the fact that he arbitrarily denied their request for the issuance of subpoenas to three law enforcement agents from Laoag, Ilocos Norte and three members of respondent’s judicial staff, who would have respectively testified that respondent engaged in illegal activities while assigned to the Municipal Circuit Court of Paoay, Ilocos Norte and that he committed irregularities in his handling of Criminal Case No. 207096. 2 However, respondent denied the motion filed by complainants for his inhibition.

    3. Other arbitrary acts. Complainants allege that they filed a motion for preliminary determination of probable cause in the criminal case against them (Criminal Case No. 207096), but respondent not only arbitrarily denied their motion but even caused his order of denial to be served on them by telephone, at 6:45 in the morning, the day after it was issued. 3

    4. Dishonesty/Perjury. Complainants allege that in his application for transfer/promotion which he filed with the Judicial and Bar Council (JBC), respondent stated in JBC Form No. 1 (Personal Data Sheet) that he had not been charged with any criminal and/or administrative case or complaint when the fact is that he had been charged with bribery/extortion before the Office of Provincial Prosecutor of Ilocos Norte 4 and with administrative offenses in two complaints 5 filed before this Court. 6

    5. Other illegal/criminal activities. Lastly, complainants allege that as judge of the MCTC, Paoay, Ilocos Norte, respondent gave "protection" to cattle rustlers, caused the dismissal of two police officers, and used his chamber as a "sex den." 7

    In his Comment, respondent denied the allegations against him, saying that complainants are disgruntled parties in the cases decided by him against them.

    First, with regard to complainants’ claim that he failed to render judgment in Civil Case Nos. 48664 and 50450 within the prescribed 90- day period, respondent claims that Civil Case No. 48664 was in fact decided by his predecessor, Judge Romulo J. Lapus, on January 31, 1996 and that, on November 25, 1998, Judge Socorro B. Inting of Branch 63 already issued a writ of execution thereon. As for Civil Case No. 50450, he claims that he took over the case after it had been submitted for decision and, owing to its voluminous records, he needed more time to decide the case. 8

    Second, as to Criminal Case No. 207096, respondent states that he denied complainant’s motion for the determination of probable cause as such question had been resolved earlier by Judge Cesar D. Santamaria, Branch 62, who found that there was probable cause. 9

    As to complainants’ motion seeking to inhibit him in the same case, respondent contends that the question is now moot and academic as he inhibited himself not only in Criminal Case No. 207096 but also in Civil Case No. 50450 on August 4, 1999. According to respondent, he did so although the motion had no merit because the fact was that he was not related to counsel of the accused in the criminal case although counsel’s daughter is the wife of his (respondent’s) nephew.

    Third, respondent denied complainants’ request for the issuance of subpoenas because the proposed testimony of the law enforcement agents had already been passed upon by the Deputy Ombudsman for Luzon who dismissed the criminal complaint filed against him (OMB-1-97-1881). 10 As for the members of his staff, respondent submitted a joint affidavit executed by them wherein members of respondent’s staff stated that respondent did not commit any irregularity in the promulgation and service of the order of July 8, 1999 (denying complainants’ motion for determination of probable cause) in Criminal Case No. 207096. 11

    Fourth, respondent denied having committed any misrepresentation in his personal data sheet (JBC Form No. 1) in connection with his request for transfer or promotion. Respondent stated that he indicated therein that there was no pending administrative or criminal case filed against him because, at the time he filled up his application form, the cases filed against him in A.M. No. MTJ-90-493 and A.M. No. MTJ-87-101 had already been dismissed, while the case filed against him in OMB 1-97-1881 had been dismissed by the Office of the Deputy Ombudsman for Luzon.

    Fifth, as to the allegations that he protected cattle rustlers in Paoay, Ilocos Norte, that he caused the dismissal of two police officers, and that he used his chambers as his "sex den," respondent said that these are mere fabrications and lies. In the case of the two police officers, he alleged that he merely issued the warrant of arrest against them for cattle rustling and that the police officers in question are still in active service.chanrob1es virtua1 1aw 1ibrary

    In his report, then Court Administrator Alfredo L. Benipayo states:chanrob1es virtual 1aw library

    There is nothing in the record which would indicate that respondent judge failed to decide/resolve within the reglementary period the cases pending before him.

    The record reveals that the Civil Case No. 48664 had long been decided by Judge Romulo Lapus on November 25, 1998 and a writ of execution thereof was issued by Judge Socorro B. Inting of MTC, Branch 63. Civil Case No. 50450 was an inherited case and considering that it was not the respondent who heard the same, he really needed time to study the said case before resolving any incident. The finding of the probable cause in Criminal Case No 207096 had long been determined by Judge Cesar D. Santamaria . . . There is no need [for] another determination of the probable cause. Therefore, respondent judge is justified when he denied the accused-complainants’ motion for Preliminary Determination Ad Cautelam. Moreover, respondent, upon motion, voluntarily inhibited himself from further trying these two cases.

    Respondent judge, may however, be administratively [held] liable with respect to the charge of misrepresentation in his answer in his application for promotion where he made it appear that he had not been charged with any criminal and/or administrative cases when . . . two (2) administrative cases and one (1) criminal case had been filed against him although these cases were later dismissed.

    While it is true that at the time of the filling up his (respondent judge) personal data sheet the two administrative cases filed against him were already dismissed, the same should still be indicated considering the question being asked therein was about past and pending charges. Likewise, the criminal charge for extortion/bribery was indubitably very much pending at the time respondent judge filled up his personal data sheet on February 19, 1998 because it was dismissed only on May 8, 1998.

    Clearly, respondent purposely withheld the information regarding the cases filed against him in order to mislead the JBC into favorably considering his application. 12

    On the basis of the foregoing, the Court Administrator recommends that respondent be fined P5,000.00 for falsely stating in his personal data sheet submitted to the JBC that he had not been charged with any criminal and/or administrative cases and that there was no pending case or complaint against him. The Court Administrator recommends the dismissal of the charge pertaining to respondent’s alleged failure to decide on time Civil Case Nos. 48664 and 50450 for lack of merit. 13

    With certain exceptions, the foregoing recommendations of the Office of the Court Administrator are approved.

    First. The question involving Civil Case No. 48664 is not whether respondent timely rendered a decision thereon, but, as complainants allege, whether he timely resolved their motion incident to the execution of the judgment which they allegedly submitted for resolution on June 10, 1999; However, complainants failed to specify the nature of such motion or attach a copy thereon in their complaint. Furthermore, at the time they filed their complaint on August 17, 1999, the 90-day period for resolving the motion, which would expire on September 8, 1999, had not yet lapsed. There is thus no basis to hold respondent liable thereon.

    As regards Civil Case No. 50450, the records disclose that respondent was designated to Branch 64 on April 6, 1999 after Civil Case No. 50450 had been submitted for decision. If, as respondent claims, he could not have rendered a decision in the case within three months because the records were voluminous and he had to attend to other cases, respondent could have asked for an extension of time to decide the case instead of allowing the 90-day period to expire. 14 It is well to state once again that delays in the disposition of cases undermine the faith and confidence of the people in the judiciary, debase its standards, and bring it into disrepute. 15

    Second. With regard to the allegation that respondent misrepresented certain facts in his answers, JBC Form No. 1 contains the following questions: 16

    23. Do you have any civil, criminal or administrative (including disbarment) case or complaint filed or pending before the Integrated Bar of the Philippines or before any prosecution office, court or government office?

    24. Have you ever been charged with or convicted of or otherwise imposed a sanction for violating any law, decree, ordinance or regulation by any court, quasi-judicial office or tribunal of the Philippines or in any foreign country, or found guilty of an administrative offense?

    [ ] Yes [ ] No. If your answer is "Yes" to any of the questions, give particulars.

    Respondent answered both questions in the negative. As earlier stated, the OCA found respondent liable for misrepresentation with regard to his answer to Question No. 23 since at the time respondent allegedly accomplished the JBC form on February 19, 1998, the criminal complaint against respondent in OMB-1-97-1881 was still pending before the Ombudsman and was dismissed only on May 8, 1998.

    This is error. The OCA considered February 19, 1998, which appears at the bottom of the JBC form, as the date respondent-accomplished the form. However, this is not the date respondent accomplished the form but the date of the issuance of respondent’s residence certificate. This is evident from the jurat of the document. 17 On the other hand, respondent’s letter to the JBC, to which the above form was attached, was dated October 27, 1998 and was received by the JBC on January 12, 1999. This is the date he accomplished the JBC form. Since the two administrative cases filed against respondent were dismissed by this Court on August 24, 1990 and July 9, 1991, respectively, while the complaint against respondent before the Deputy Ombudsman was dismissed on May 8, 1998, it is clear that at the time respondent filed with the JBC his application for promotion/transfer, there was indeed no longer any pending case or complaint against him. Thus, respondent did not misrepresent anything when he indicated in the JBC form that he had no pending cases before any court or tribunal.

    It was in answering Question No. 24 that respondent was not truthful. The question was: "Have you ever been charged . . . for violating any law, decree, ordinance, or regulation?" In answering the question, respondent made it appear that he had never been charged with any violation of law, decree, ordinance, or regulation when the fact is that, as already stated, he was. His explanation that he saw no need to indicate this fact in his personal data sheet because a certain congressman had allegedly already informed the JBC of his case before the Ombudsman is flimsy. As a judge, respondent ought to know better than this. 18

    Third. With regard to the other charges made by complainants, the Court finds them to be without merit. As pointed out by respondent, the matters raised by complainants pertaining to their motion to inhibit respondent in Criminal Case No. 207096 had been rendered moot by the fact that respondent in the end inhibited himself not only in that case but also in Civil Case No. 50450. In any event, the grounds relied upon by complainants to support their motion, i.e., that respondent’s nephew is the husband of the daughter of the counsel for the accused; that they lacked confidence in respondent’s impartiality; and that respondent was involved in criminal activities while in Paoay, Ilocos Norte, have no merit.

    The first is not a ground for mandatory disqualification of judges under Rule 137, 1 since respondent is not even related to counsel for the accused. On the other hand, the other two grounds were negated by the dismissal of the criminal complaint by the Office of the Ombudsman and by the joint affidavit of the members of respondent’s staff who affirmed his innocence of the charges.

    Nor have the charges pertaining to respondent’s alleged involvement in cattle rustling while sitting as judge of the MCTC, Paoay, Ilocos Norte, as well as of his alleged use of his chamber therein as a "sex den," been substantiated.chanrob1es virtua1 1aw 1ibrary

    We now consider the penalty to be imposed on Respondent. With regard to respondent’s failure to decide Civil Case No. 50450, a fine in the amount of P5,000.00 should be imposed on him in line with our rulings involving the same offense. 19

    With regard to the misrepresentation committed by respondent in accomplishing his personal data sheet submitted to the JBC, the Court, taking cognizance of the fact that respondent has been in the government service for 26 years and that he does not appear to have any prior administrative record, deems it appropriate to impose on him the penalty of suspension. In Bolalin v. Occiano, 20 this Court imposed a six-month suspension on a judge who was found guilty of having falsified his service records, in addition to having failed to seasonably decide an election case. A suspension for six months in this case would appear to be appropriate.

    WHEREFORE, the Court finds respondent Judge Enrique M. Pascua, Metropolitan Trial Court, Branch 64, Makati City, guilty of gross inefficiency and dishonesty for which he is ordered to pay a fine in the amount of P5,000.00 and to suffer suspension from office for a period of six (6) months without pay with WARNING that commission of similar offenses will be dealt with more severely.

    SO ORDERED.

    Bellosillo, Quisumbing, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Complaint, pp. 1-2; Rollo, pp. 1-2.

    2. Id., pp. 34; id., pp. 3-4.

    3. Id., p 2; id., p. 2.

    4. I.S. No. 96-676, entitled "National Bureau of Investigation v. Judge Enrique M. Pascua" subsequently re-docketed as OMB-1-97-1881 in the Office of the Deputy Ombudsman for Luzon.

    5. MTJ-87-101-6, "Francisco Pobre v. Judge Enrique Pascua" and MTJ 9493, entitled "Teodorico Tabije v. Judge Enrique Pascua."cralaw virtua1aw library

    6. Complaint, pp. 4-5; Rollo, pp. 4-5;

    7. Id., p. 4; id., p. 4.

    8. Id., pp. 1-2; id., pp. 18-19.

    9. Id., pp. 2-3; id., pp. 19-20.

    10. Id., p. 4; id., p. 21.

    11. Annex R; Rollo, pp. 101-102.

    12. Rollo, pp. 191-192.

    13. Id., p. 192.

    14. Office of the Court Administrator v. Butalid, 293 SCRA 589 (1998); Española v. Panay, 248 SCRA 684 (1995); Cruz v. Basa, 218 SCRA 55 (1993).

    15. Request of Judge Irma Zita Masamayor, RTC, Br. 52, Talibon, Bohol for Extension of Time to Decide Crim. Case No. 96-251, 328 SCRA 584 (2000); Sta. Ana v. Arinday, Jr., 283 SCRA 392 (1997).

    16. Rollo, p. 13.

    17. Id., p. 14.

    18. See Office of the Court Administrator v. Estacion, Jr., 181 SCRA 33 (1990).

    19. E.g., Balayo v. Buban, Jr., 314 SCRA 16 (1999).

    20. 266 SCRA 203 (1997).

    A.M. No. MTJ-01-1342   June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA


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