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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
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    A.M. No. RTJ-00-1562  November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. RTJ-00-1562. November 23, 2001.]

    (Formerly A.M. OCA I.P.I. No. 97-364-RTJ.)

    CAVITE CRUSADE FOR GOOD GOVERNMENT, Complainant, v. JUDGE NOVATO CAJIGAL, Respondent.

    R E S O L U T I O N


    PARDO, J.:


    On May 21, 1997, a group composed of businessmen, industrialists, lawyers and well-meaning citizens of Cavite bandied together to form the Cavite Crusade for Good Government (hereafter, CCGG) filed 1 a letter informing the Court of alleged illegal and grossly immoral activities of Judge Novato T. Cajigal, Regional Trial Court, Branch 19, Bacoor, Cavite.chanrob1es virtua1 1aw 1ibrary

    CCGG pooled their resources to gather information on the activities of Judge Cajigal and detailed the result of the investigation.

    According to CCGG, the modus operandi of the respondent judge was to consistently refuse to decide pending cases or resolve pending motions until a party gives an offer. Once the offer was accepted, the deal was executed in a scheme commonly known as "kaliwaan," where the decision or order was released upon delivery of the consideration either in the form of cash, real estate or motor vehicle.

    Considering the real estate boom in the municipalities of Bacoor, Carmona, and General Mariano Alvarez, in Cavite during the last eight (8) years, controversial cases involving real estate reached the sala of respondent judge. With the alleged scheme of "kaliwaan," innocent persons may be convicted while the guilty ones may be acquitted of criminal charges. Respondent judge was also allegedly frequently absent in his sala, without notice to the litigants.

    Respondent judge also travels yearly to the United States without securing the necessary authority from the Supreme Court. In 1996, he allegedly traveled twice to the United States, also without the permission of this Court.

    When respondent judge left his previous assignment in Nueva Vizcaya, he only had an Isuzu Gemini for a car. Thereafter, respondent judge and his family had the following acquisitions:chanrob1es virtual 1aw library

    a) cream colored Mercedes Benz with plate number 16-D-19

    b) Mitsubishi Pajero with plate number TMY-555

    c) black Honda Civic with special plate 888

    d) blue Toyota Tamaraw

    e) dark green Isuzu Hi-lander without a license plate

    f) Isuzu Gemini with plate number BAV-830

    g) navy gray Willy’s Owner-Type jeep with plate number ABG-302

    h) navy blue Isuzu Pick-up with plate number UNL-623

    Respondent also acquired a condominium unit in Coastal Road Toll Plaza and a commercial lot in Carmona, Cavite. The following other real estate properties he acquired were registered in the names of his family members, such as:chanrob1es virtual 1aw library

    a) a residential house at No. 63 Pall Mall, Fairview, Quezon City; and

    b) a residential house, resort, and farm (for agriculture and cattle-raising at Badoc, Ilocos Norte).

    Respondent was likewise frequently seen at Manila Bay KTV Night Club at Roxas Boulevard in the company of a tall, young mestiza.

    Sometime in 1992, respondent allegedly solicited funds from big establishments in Bacoor, Cavite and EPZA (Export Processing Zone Authority) at Rosario, Cavite to defray the expenses for the Regional Trial Court Judges Convention held at Imus Sports Center, Imus, Cavite.

    Parenthetically, the Office of the Court Administrator found respondent judge guilty of failure to decide a case within the prescribed period. On March 12, 1993, the Court dismissed respondent judge from the service for gross inefficiency and grave and serious misconduct in the discharge of his functions. 2

    However, on September 2, 1993, the Court reconsidered its Resolution and instead resolved to suspend him from the service for a period of six (6) months and to pay a fine of ten thousand pesos (P 10,000.00).

    Upon verification, it was found that respondent had not been submitting his Statement of Assets and Liabilities 3 as required in Section 8, Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, and Section 7, Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.

    On July 1, 1997, the Office of the Court Administrator submitted to the Court its report and recommendation.

    "Respectfully submitted for the consideration of the Honorable Court is our recommendation that respondent Judge Novato T. Cajigal be required to ANSWER the letter-complaint and to EXPLAIN to this Court why he has not filed his Statement of Assets and Liabilities since 1994, both within ten (10) days from receipt of notice." 4

    On September 22, 1997, respondent filed his comment. 5

    On July 7, 1997, the National Bureau :of Investigation (Anti-Graft Division) issued a subpoena duces tecum 6 requiring the Chief, Records Division, OAS, Office of the Court Administrator to submit certified true copies of certain documents found in the 201 files of respondent judge. On July 10, 1997, Mr. Vicente T. de Lacuesta, Officer-in-Charge of the Records Division, complied with the subpoena.

    On October 19, 1998, we issued a Resolution: 7

    "(a) to REFER this case to retired Sandiganbayan Justice Conrado Molina, now a consultant in the Office of the Court Administrator, for investigation, report and recommendation, within sixty (60) days from notice; and

    "(b) to DIRECT Director Santiago Y. Toledo of the National Bureau of Investigation to FURNISH the Office of the Court Administrator with a copy of the result of the investigation conducted by the Anti-Graft Division of the National Bureau of Investigation, within ten (10) days from notice."cralaw virtua1aw library

    On January 5, 1999, the National Bureau of Investigation (NBI) furnished the Office of the Court Administrator with a copy of the NBI Evaluation Report on Judge Novato T. Cajigal for violation of Republic Act No. 3019.

    The report reads:jgc:chanrobles.com.ph

    "All evidence and counter evidence/explanation considered the facts remains that subject NOVATO CAJIGAL violated Sec. 7 in relation to Sec. 9, par. (b) of R. A. 3019 and Sec. 8, par. (a) of R. A. 6713 (Code of Conduct and Ethical Standards of Public Officials and Employees) for his failure to file his Statement of Assets and Liabilities since 1984 to the present (Annex "C-2").

    "Wherefore, it is respectfully recommended that copies of the case records be furnished the Office of the Honorable Ombudsman, MWSS Bldg., A. Villegas St., Manila, for their information and appropriate action." 8

    Meantime, CCGG filed a separate complaint against respondent judge with the Ombudsman. On September 8, 1997, the Office of the Deputy Ombudsman for Luzon issued a Resolution: 9

    "Accordingly, the undersigned on 4 September 1997 indorsed the matter to Hon. ALFREDO L. BENIPAYO, Court Administrator, Supreme Court, Manila for whatever action his good office may take under the premises.

    "Inasmuch as Judge CAJIGAL is an incumbent member of the judiciary, the undersigned maintains that his case is beyond the ambit of our jurisdiction, the proper forum therefor is the Supreme Court who has direct supervision and control over the conduct of members of the judiciary as well as its employees.

    "In the light of the foregoing, the undersigned respectfully recommends that this case be considered closed and terminated." 10

    Thus, on June 28, 1999, the Office of the Court Administrator, after investigation, reported that:jgc:chanrobles.com.ph

    "On the whole, except the charge that the respondent Judge did not submit on time and not at all in some years, his Sworn Statement of Assets and Liabilities, the rest of the imputations of illegal and immoral activities in the anonymous complaint were either not proven or satisfactorily explained by the Respondent.

    "Until the effectivity of Republic Act No. 6713 in May 1989, the filing of Sworn Statement of Assets and Liabilities, etc. by all public officers during their incumbency was mandated by Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, `before the fifteenth day of April following the close of every calendar year (Section 7). Under Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, the same statement of Assets, Liabilities and Networth and a Disclosure of Business Interests and Financial Connections, after the first statement filed within 30 days after assumption of office, must be filed "on or before April 30 of every year thereafter." (Section 8 [A] [B]). Such filing of the statement is mandatory.

    "The certification dated June 30, 1997 by the Assistant Officer-In-Charge of the Records Division, Office of Administrative Services, Office of the Court Administrator states that:jgc:chanrobles.com.ph

    "The 201 File of the Hon. Novato Cajigal . . . does not contain his sworn Statement of Assets and Liabilities from 1984 up to the present. . . . his last sworn Statement of Assets and Liabilities on file in the Records Division is dated January 25, 1983.

    "In his EXPLANATION dated October 1, 1997 (pp. 58-60. Rollo), the respondent claims that he "has on October 2, 1997 filed his Statement of Assets of the years 1984-1997" (par. 2.1); "ADMITS being negligent in not filing the Statement of Assets and Liabilities for the years 1984-1997, but most respectfully states that the nonfiling was occasioned by his unintentional inadvertence rather than malice in seeking to hide unexplained assets" (par. 3); and "most respectfully begs leave to be excused from this negligence . . . and pleads for the kindness and mercy of this Honorable Court and most humbly offers his most sincere apologies to this Honorable Court" (par. 3.1).

    "But during the investigation what the respondent presented and marked in evidence were copies of his Statement of Assets and Liabilities for 1985 (Exh. 10), 1987 (Exh. 11), and 1989 to 1996 (Exhs. 12 to 19, pp. 141-150, Folder). All of them were received in the Office of the Court Administrator on the same day, October 2, 1997. Actually, therefore, the respondent Judge did not file any Statement of Assets and Liabilities for 1984, 1986 and 1988, and filed the required statements for the years 1985, 1987 and 1989 to 1996 long after each of them was due. That late filings did not extinguish the liabilities, criminal and administrative, that had been incurred under the law.

    "The respondent Judge, the undersigned must submit, violated Section 7 of Republic Act No. 3019, as amended, and Section 8 of Republic Act No. 6713. Violation of said section is punishable by imprisonment or fine, or both, and if "proven in (a) proper administrative proceedings shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him." (Section 9, last paragraph, Republic Act No. 3019). Violation of Section 8 of Republic Act No. 6713 for non-filing of Statement of Assets and Liabilities and disclosure of Business Interests and Financial Conditions is similarly punishable by imprisonment or fine, or by both, and "shall be sufficient cause for removal or dismissal of a public officer or employee, even if no criminal prosecution is instituted against him." (Section 11 [b], Rep. Act 6713).

    "With these stringent sanction imposed by the statutes (Rep. Acts. Nos. 3019 and 6713) for violation of their provisions mandating the filing of Statement of Assets and Liabilities, etc. and considering that the violations committed in this case are multiple, the undersigned is left with no alternative but to recommend that the respondent Judge be dismissed from the service."cralaw virtua1aw library

    Nothing can be clearer than that the Anti-Graft and Corrupt Practices Act, 11 like the earlier statute, 12 was precisely aimed at curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public service. In Morfe v. Mutuc, 13 we said that the law intended to promote morality in public administration. A public office must be a public trust.

    In Magarang v. Judge Galdino B. Jardin, Sr., 14 we said that while every public office in the government is a public trust, no position exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the judiciary. Hence, judges are strictly mandated to abide by the law, the Code of Judicial Conduct and other existing administrative policies in order to maintain the faith of the people in the administration of justice. 15

    In fact, the Anti-Graft and Corrupt Practices Act was framed with that end in view. The law is comprehensive in character, sufficiently detailed and explicit to make clear as to what practices were prohibited and penalized. More than that, an effort was made, so evident from even a cursory perusal thereof, to avoid evasions and loopholes. Thereby, it becomes much more difficult for those who are disposed to take advantage of their positions to commit acts of graft and corruption. In case of violation, the Anti-Graft and Corrupt Practices Act is also clear in terms of its punitive thrust.

    IN VIEW WHEREOF, we find respondent Judge Novato T. Cajigal guilty of violation of Section 7, R. A. No. 3019, and Section 8, R. A. No. 6713 and considering his record in the judiciary and the fact that the Statements of Assets and Liabilities were later filed, we hereby SUSPEND him from office for a period of six (6) months, without pay, effective upon his receipt of this Resolution and order him to pay a fine in the amount of Twenty Thousand Pesos (P20,000.00), with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan, and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. With the Office of the Court Administrator, Supreme Court.

    2. Sabado v. Cajigal, 219 SCRA 800, 805 [1993].

    3. Certification by Mrs. Anicia P. Buco, Assistant Officer-In-Charge, Records Division, Office of Administrative Services, Office of the Court Administrator.

    4. Rollo, pp. 35-37.

    5. Ibid., pp. 45-61.

    6. Ibid., p. 66.

    7. Ibid., p. 111.

    8. Rollo, pp. 113-114.

    9. In CPL-97-1471.

    10. Rollo, pp. 100-101.

    11. Republic Act No. 3019.

    12. Republic Act No. 1379.

    13. 130 Phil. 415, 426 [ 1968].

    14. 330 SCRA 79, 88 [2000].

    15. De la Cruz v. Bersamira, A. M. No. RTJ 00-1567, January 19, 2001, citing Garciano v. Sebastian, 231 SCRA 588 [1994].

    A.M. No. RTJ-00-1562  November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL


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