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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
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    A.M. No. MTJ-02-1436   April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. MTJ-02-1436. April 3, 2003.]

    JAIME C. TARAN, Complainant, v. JUDGE JOSE S. JACINTO, JR., Respondent.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    In a sworn letter complaint 1 dated May 15, 2000 addressed to the Court Administrator, Jaime C. Taran charged Judge Jose S. Jacinto, Jr., Acting Presiding Judge of the Municipal Circuit Trial Court (MCTC) of Lubang-Looc, Occidental Mindoro, with gross ignorance of the law and violation of human rights.chanrob1es virtua1 law library

    Complainant alleged that he is the father of Eugene Taran, one of the accused in Criminal Case No. 2641, "People of the Philippines v. Dennis Villaluz and Eugene Taran," for direct assault upon a person in authority, pending before the sala of respondent judge. Even without the required Certification to File Action from the Barangay Chairman of Bagong Sikat, Lubong, Occidental Mindoro, respondent judge gave due course to the complaint and conducted the preliminary examination without notice to the accused. On April 4, 2000, respondent issued an alias warrant of arrest against the accused without giving him prior opportunity to file a counter-affidavit. Moreover, respondent refused to accept surety bond and demanded money from litigants. When the accused posted a cash bail for his provisional liberty, no official receipt was issued to him.

    Complainant further alleged that respondent judge when outside the court, issues orders and subpoenas by phone which were then reduced in writing by his personnel. Then they would stamp thereon "original signed." In fact, the order directing the release of the accused dated April 14, 2000 bears "original signed" although respondent was not in court that day.

    In his comment, 2 respondent judge explained that the Certification To File Action issued by the Barangay Chairman of Bagong Sikat, Lubang Occidental Mindoro was attached to the complaint in Criminal Case No. 2641. Also, his Clerk of Court issued the corresponding receipt to accused Eugene Taran when he posted the cash bail and attached it to the records of the case.

    Respondent claimed that as a judge-designate at the MCTC, Lubang-Looc, Occidental Mindoro, he holds office there only every third week of each month. Thus, he instructed the Clerk of Court and other court personnel to inform him promptly of any pleading or motion requiring immediate action to enable him to act thereon expeditiously by dictating his order over the phone. With such procedure, he was able to administer justice speedily. In fact, the order for the release of accused Taran was by telephone.

    According to respondent, he has served the government for fifteen (15) years and has maintained an unblemished reputation, performing his duties efficiently and with utmost dedication.

    On April 1, 2002, Court Administrator Presbitero J. Velasco, Jr. filed his Report, recommending that this case be re-docketed as an administrative matter and that respondent judge be held liable for failure to supervise his personnel closely and for issuing orders relayed over the telephone; that a fine of P5,000.00 be imposed upon him with a warning that a repetition of the same or similar offense shall be dealt with more severely. His findings read as follows:jgc:chanrobles.com.ph

    "Documentary evidence show that the complaint filed in court was supported by a barangay certification to file action, and that the accused’s payment of the required cash bond was properly receipted. The original copies of the receipts were retained by the court and were attached to the case record. No explanation was offered why the originals of the receipts were not released to the payor.

    "In Circular No. 26-97 issued on May 5, 1997, the Court Administrator directed Judges and Clerks of Courts to comply with the provisions of Sections 61 (Kinds of accountable forms) and 113 (Issuance of official receipt), Article VI of the Auditing and Accounting Manual for the purpose of eradicating the practice of some clerks of court of retaining the original copy of the official receipt issued in acknowledgment of payment for file with the record of the case instead of issuing the same to the payor. On the basis of the said Circular; the official receipts should have been released to the payor as demanded by the complainant. It was incumbent upon respondent Jacinto as presiding judge designate of the MCTC of Lubang-Looc, Mindoro Occidental, to supervise properly court personnel to ensure that they comply with the provisions of issuances of the Supreme Court and the Office of the Court Administrator on general administration and court management.

    "The complainant’s contention that the conduct of the preliminary examination and the issuance of the warrant of arrest were procedurally defective since they were done without the knowledge of the accused and therefore deprived the latter of the right to due process has no leg to stand on. Preliminary examination is not an essential part of due process of law and may be conducted by the municipal judge prior to the issuance of the warrant of arrest, either in the presence or in the absence of the accused (Luna v. Plaza, 26 SCRA 310). Perusal of the records show that prior to the issuance of the warrant of arrest, respondent Jacinto conducted a personal examination of the complainant and his witness under oath and such examination was reduced to writing in the form of searching questions and answers. Moreover, there is no right to preliminary investigation in cases triable by the inferior courts.

    "The complainant’s allegation that respondent Jacinto did not investigate the background of the case has no merit. As herein discussed, a preliminary examination was conducted by respondent Jacinto.

    "Respondent Jacinto had no hand in the service of the arrest warrant Law enforcement agents effected the same. The complainant’s allegations that irregularities attended the service of the warrant and that the same were attributable to the respondent proceed from mere conjecture and have no basis in fact.

    "On the matter of bail, Rule 114 (Bail) of the 1985 Rules of Criminal Procedure and the 1996 Bail Bond Guide for the National Prosecution Service issued by the Department of Justice prescribes the guidelines on bail. Whether or not bail imposed is reasonable or excessive would depend on the circumstances obtaining in the particular case, taking into consideration the standards and criteria particularly mentioned in the 1996 Bail Bond Guide. One cannot therefore say outright that the bond fixed by the judge is unreasonable or excessive.

    "The averments that the court refuses to accept property and surety bond and that respondent Jacinto demands money from party litigants are both bereft of sufficient proof. The complainant has not submitted any evidence to substantiate his allegations. Indeed, although in administrative proceedings, the quantum of proof necessary for a finding of guilt is only substantial evidence (Office of the Court Administrator v. Sumilang, 271 SCRA 316), there must be convincing proof apart from bare allegations before any member of the judiciary could be faulted. As in all administrative proceedings, the burden of proof that the respondent committed the acts complained of rests on the complainant. Failing in this, this particular accusation must be dismissed (Areola v. Judge Peig, Jr., RTJ-98-1398, 24 February 1998).

    "Finally, we find respondent’s practice of issuing orders over the telephone irregular. Undoubtedly, the respondent has good intentions. The MCTC of Lubang-Looc is in a remote island and respondent Jacinto, as Judge-designate thereat, can hold office at the said court only every third week of the month, for he also has to attend to court matters in his regular sala. Nonetheless, respondent’s practice still cannot be condoned.

    "MCTCs are already courts of record. They are bound to keep a record of their proceedings which must appear in writing. Orders of these courts must be reduced to writing, signed by the judge issuing such orders and then filed with the clerk of court. Even if the order relayed through telephone should be reduced to writing, the same could not be considered as having been officially rendered by the court, for the same has not been signed by the judge. Respondent Jacinto should refrain from such practice.

    "All told, respondent Jacinto cannot be held liable for gross ignorance of the law or procedure and violation of human rights. However, he can be declared culpable for lapses in supervision of the court employees, resulting in non-compliance with the provisions of Circular No. 26-97, and for issuing irregularly orders through the telephone.

    "Incidentally, respondent Jacinto has been designated by the Court as the Acting Presiding Judge of the Metropolitan Trial Court (Branch 78) at Parañaque City effective 27 March 2001 (Administrative Order No. 30-2001)." 3

    We agree with the findings of Court Administrator Velasco.

    Supreme Court Circular No. 26-97 dated May 5, 1997 provides:jgc:chanrobles.com.ph

    "TO: ALL JUDGES AND CLERKS OF COURTS OF REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A CIRCUIT COURTS

    SUBJECT: LEGAL FEES FORM FOR LOWER COURTS

    To eradicate the practice of some clerks of court of retaining the original copy of the official receipt issued in acknowledgment of payment for file with the records of the case instead of issuing the same to payor, JUDGES and CLERKS OF COURT are hereby DIRECTED TO:chanrob1es virtual 1aw library

    1) Compel their collecting officials to strictly comply with the provisions of the AUDITING AND ACCOUNTING MANUAL, Art. VI, Secs. 61 and 113, to wit:chanrob1es virtual 1aw library

    ARTICLE VI — Accountable Forms

    Sec. 61. Kinds of Accountable forms —

    (a) Official Receipts — For proper accounting and control of collections, collecting officers shall promptly issue official receipts for all monies received by them. These receipts may be in the form of stamps or officially numbered receipts . . . .

    Sec. 113. Issuance of official receipt — For proper accounting and control of revenues, no payment of any nature shall be received by a collecting officer without immediately issuing an official receipt in acknowledgment thereof. This receipt may be in the form of stamps . . . or officially numbered receipts, subject to proper custody and accountability.

    2) Cause the attachment of the Legal Fees Form for lower courts (Annex "A"), which is to be provided by the Property Division of the Office of the Court Administrator, to the record of the case in lieu of the official receipt.

    Non-compliance with this CIRCULAR shall be dealt with administrative sanctions." (emphases supplied)

    As can be gleaned from the above Circular, Judges are required, among others, to compel their collecting officials, such as their Clerks of Court, to promptly issue official receipts for all monies received by them. It is the duty of the Clerks of Court, the custodians of court funds and revenues, 4 to issue receipts for all monies collected by them and deposit them promptly with the authorized government depository bank. 5 On the part of the Judges, it is their duty to see to it that these functions are performed faithfully and well by their Clerks of Court.

    Here, the Clerk of Court did not issue the receipt for the payment of the cash bond posted by the accused. Instead, the original receipt was attached to the records of Criminal Case No. 2641. Respondent should have instructed the Clerk of Court to comply with Circular No. 26-97 quoted above. As aptly stated by Court Administrator Velasco in his Report, "respondent judge can be declared culpable for lapses in supervision of the court employees, resulting in non-compliance with the provisions of Circular No. 26-97."cralaw virtua1aw library

    On the charge that respondent issued orders by telephone, he should have known that Municipal Circuit Trial Courts are courts of record and that, therefore, their proceedings must be in writing. Also, he should have complied with Section 1, Rule 36 of the 1997 Rules of Civil Procedure, as amended, quoted as follows:jgc:chanrobles.com.ph

    "SECTION 1. Rendition of judgments and final orders. — A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of court. (1a)"

    In Echaus v. Court of Appeals, 6 we held:jgc:chanrobles.com.ph

    "Time-honored and of constant observance is the principle that no judgment or order, whether final or interlocutory, has juridical existence until and unless it is set down in writing, signed, and promulgated, i.e., delivered by the Judge to the Clerk of Court for filing, release to the parties and implementation (Sec. 6, Rule 120 of the Revised Rules of Court; cf., Qua v. Republic, 122 Phil. 1083), and that indeed, even after promulgation, it does not bind the parties until and unless notice thereof is duly served on them by any modes prescribed by law (Secs. 3, 5, 7, Rule 13 of the Revised Rules of Court). This is so even if the order or judgment has in fact been orally pronounced in the presence of the parties, or a draft thereof drawn up and signed and/or copy thereof somehow read or acquired by any party (Sec. 2, Rule 15 of the Revised Rules of Court). . . . ."cralaw virtua1aw library

    We thus find that respondent judge violated this Court Circular No. 26-97 dated May 5, 1997 by failing to compel his Clerk of Court to issue official receipts for all monies received by him, specifically for the cash bail posted by the accused in Criminal Case No. 2641; and Section 1, Rule 36 on the rendition of orders.

    It bears stressing that a judge should always be imbued with high sense of duty and responsibility in the discharge of his obligation to promptly administer justice. 7 As an officer of the court, he is duty-bound to use reasonable skill and diligence in the performance of his duties. 8 He should have adhered to the highest standards of public accountability lest his action erode the public faith in the judiciary. Indeed, he has fallen short of this standard.

    Section 7, Rule 140 of the Revised Rules of Court, as amended, classifies administrative charges as serious, less serious, or light. Under Section 9 (4), violation of Supreme Court rules, directives and circulars is categorized as a less serious offense punishable, under Section 11 (B), by: a) suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or b) a fine of more than P10,000.00 but not exceeding P20,000.00.

    WHEREFORE, this Court finds respondent Judge Jose S. Jacinto GUILTY of violation of Circular No. 26-97 and Section 6, Rule 120 of the Revised Rules of Court and is hereby FINED in the sum of P11,000.00 and warned that a repetition of the same or similar act will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    Let a copy of this Decision be attached to his records with this Court.

    SO ORDERED.

    Puno, Panganiban, Corona and Carpio-Morales, JJ., concur.

    Endnotes:



    1. Rollo at 1–6.

    2. Id. at 35–38.

    3. Id. at 108–111.

    4. Office of the Court Administrator v. Lucio, P-96-1206, 11 June 1996, 257 SCRA 287.

    5. Report on the Financial Audit in RTC, General Santos City and the RTC and MTC of Polomolok, South Cotabato, A.M. No. 96-1-25-RTC, 8 March 2000, 327 SCRA 414.

    6. G.R. No. 57343, 23 July 1990, 187 SCRA 672.

    7. Amion v. Chiongson, A.M. No. RTJ-97-1371, 22 January 1999, 301 SCRA 614.

    8. De Castro v. Santos, A.M. No. P-90-474, 19 June 1991, 198 SCRA 245.

    A.M. No. MTJ-02-1436   April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO


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