THIRD DIVISION
FIDEL ISIP, JR.,
Complainant,
A.
M.
No. MTJ-03-1485
April 1, 2003
-versus-
JUDGE VALENTINO
B. NOGOY,
Respondent.chanrobles virtuallaw libraryred
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D E C I S I O N
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CARPIO-MORALES,
J.: chanrobles virtuallaw libraryred
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Before this Court is
the Complaint-Affidavit[1]
of July 31, 2000 addressed to then Supreme Court Administrator Alfredo
L. Benipayo by Fidel L. Isip, Jr. (complainant) charging
Macabebe-Masantol,
Pampanga Municipal Circuit Trial Court (MCTC) Judge Valentino B. Nogoy
(respondent) with gross ignorance of the law, gross inefficiency and
gross
misconduct.chanrobles virtuallaw libraryred
The following facts
which spawned the filing of the complaint are not disputed:chanrobles virtuallaw libraryred
Complainant filed on
May 14, 1998 before the Commission on Elections (COMELEC) a petition,
"Fidel
L. Isip, Jr., petitioner v. Pedro Yabut, Jr., et al., respondents,"
docketed
as SPC No. 98-014, for the confirmation of his election as Vice Mayor
during
the just concluded local elections, his rival Pedro Yabut having
represented
that he too was proclaimed as Vice-Mayor by the Municipal Board of
Canvassers
of Macabebe.chanrobles virtuallaw libraryred
The Second Division
of the COMELEC, by Order of May 25, 1998, affirmed complainant’s
proclamation
as the duly elected Vice Mayor in this wise:
[T]his Commission [SECOND
DIVISION] RESOLVED, as It hereby RESOLVES to AFFIRM the
proclamation
of petitioner Fidel L. Isip, Jr. as the duly elected Vice-Mayor of
Macabebe,
Pampanga as evidenced by the Certificate of Canvass of Votes and
Proclamation of the Winning Candidates for Municipal Offices (CE Form
No.
25), with Serial No. 03540368 dated 13 May 1998.chanrobles virtuallaw libraryred
Accordingly, the proclamation
of Pedro Yabut secured through coercion and intimidation of Election
Officer
and Chairman of the Municipal Board of Canvassers of Macabebe,
Pampanga,
Mr. Joselito T. Matias, and superimposition of his name over that of
the
declared winner in the COCPWC is hereby ANNULLED and SET ASIDE. (Emphasis
and italics in the original)chanrobles virtuallaw libraryred
Complainant thus assumed
office as Vice-Mayor commencing on June 30, 1998.chanrobles virtuallaw libraryred
On Yabut’s Motion for
Reconsideration of the above-said COMELEC Second Division Order of May
25, 1998, the COMELEC en banc, by Resolution of December 16, 1999,
vacated
said order, disposing as follows:chanrobles virtuallaw libraryred
WHEREFORE, premises
considered, the Omnibus Motion for Reconsideration of [Yabut] is hereby
GRANTED. The assailed Order of the Second Division dated 25 May 1998 is
VACATED. A new Municipal Board of Canvassers for the Municipality of
Macabebe
is hereby constituted. Thereafter, they shall add up the votes
and
announce the true winner for the position of Vice Mayor in Macabebe,
Pampanga
x x x. (Underscoring supplied) chanrobles virtuallaw libraryred
On December 23, 1999,
complainant filed a Very Urgent Motion to Defer Execution of the
COMELEC
en banc December 16, 1999 Resolution in view of, so he claimed, newly
discovered
manifest errors in the election returns of precinct Nos. 8-A and
24A/25A.
The motion was granted by the COMELEC en banc, hence, the reconvening
of
the new Municipal Board of Canvassers was suspended.chanrobles virtuallaw libraryred
In the meantime, Yabut
filed on January 10, 2000, a criminal complaint before the MCTC, of
which
respondent is the Presiding Judge, against complainant for Usurpation
of
Authority in support of which he executed an affidavit dated January
10,
2000 wherein he, among other things, invited attention to the COMELEC
en
banc Resolution of December 16, 1999 which vacated the proclamation of
complainant.chanrobles virtuallaw libraryred
By Order of January
10, 2000, respondent found probable cause for Usurpation of Authority
against
complainant and issued on even date a warrant for his arrest.cralaw:red
On February 8, 2000,
complainant filed a Motion to Dismiss the criminal complaint against
him
on the ground that it does not charge an offense.chanrobles virtuallaw libraryred
In the meantime, the
COMELEC en banc issued a Resolution of April 25, 2000 lifting the
suspension
of the convening of the new Municipal Board of Canvassers. Thus
it
disposed:chanrobles virtuallaw libraryred
WHEREFORE, in view of
the foregoing, the Commission en banc resolves to lift the suspension
for
the new Municipal Board of Canvassers of Macabebe, Pampanga
as duly constituted in its 16 December 1999 resolution to convene.
Atty.
Zoilo Pers.are thus directed to convene, with due regard to the
proper
procedure and notice as to the date and venue thereof to the affected
candidates,
to effect the necessary corrections not only in the election returns in
Precincts 159A/160A but also in Precincts 8A and 24A/25A and the
corresponding
Statement of Votes. Thereafter, they shall add up the votes and
announce
the true winner for the position of Vice-Mayor of Macabebe, Pampanga.chanrobles virtuallaw libraryred
x x x (Emphasis in
the original) chanrobles virtuallaw libraryred
Complainant thereupon
filed on May 29, 2000 a "Manifestation with Motion" before the MCTC
praying
for the resolution of his Motion to Dismiss the criminal complaint
against
him.chanrobles virtuallaw libraryred
On June 8, 2000, the
newly constituted Municipal Board of Canvassers proclaimed complainant
as the winner in the 1998 Vice Mayoralty race. On the strength of
his proclamation, complainant filed on June 28, 2000 a "Second Motion
to
Resolve" his Motion to Dismiss the criminal case, despite which
respondent
failed to resolve it, hence, the filing of complainant’s
Complaint-Affidavit
of July 31, 2000 charging respondent withchanrobles virtuallaw libraryred
"gross ignorance of
the law for issuing the Order dated 10 January 2000, gross inefficiency
for failing to act on his case despite the lapse of more than five (5)
months and gross misconduct for giving undue advantage to Pedro Yabut,
a private individual,"chanrobles virtuallaw libraryred
and alleging that, inter
alia, during the preliminary investigation of the criminal complaint
against
him conducted by respondent, the Secretary to the Mayor of Macabebe who
belongs to Yabut’s political party was present; and that
respondent
has been receiving allowance from the Office of the Mayor.chanrobles virtuallaw libraryred
In his Comment,[2]
respondent alleged as follows: Immediately after he read complainant’s
complaint-affidavit, he showed complainant’s lawyer Atty. Ma. Paz
Duque,
who was then inside his chambers, his draft of his Order/Resolution of
complainant’s "Second Motion to Dismiss (sic)." While there was
indeed
delay in resolving the Motion to Dismiss, it was brought about by,
among
other things, the ravages of typhoons, very heavy rains, the opening of
"a certain DAM," and the submerging in flood waters of portions of his
hometown (San Luis) and many other municipalities and cities which
prevented
him from going to his official station. His situation became more
difficult as he had to attend to the many cases at the MCTC Apalit-San
Simon of which he was designated Presiding Judge, in addition to the
numerous
cases which had remained pending for years at the MCTC
Macabebe-Masantol.chanrobles virtuallaw libraryred
With respect to complainant’s
allegation of seeing the secretary to the Mayor during the preliminary
investigation of the criminal complaint against complainant, respondent
informed that the courtroom and his chambers are government offices,
but
that in any event he did not notice the presence of the Mayor’s
secretary.chanrobles virtuallaw libraryred
As for the allegation
that Yabut and the Mayor belong to the same political party, respondent
denied awareness thereof.chanrobles virtuallaw libraryred
Regarding the "allowance"
complainant claimed respondent has been receiving from the
municipality,
respondent alleged that the same comes from the "municipal fund."chanrobles virtuallaw libraryred
In his Reply[3]
to respondent’s Comment, petitioner countered, among other things, as
follows:
What his counsel Atty. Duque filed was not a "Second Motion to Dismiss"
but a "Second Motion to Resolve" the Motion to Dismiss, it having been
unresolved and as of the filing of the present complaint dated July 31,
2000, the motion to dismiss had been pending for almost six (6)
months.
Complainant added that an order denying or granting a motion to dismiss
could be made merely on the basis of the pleadings and other documents
submitted to the court.chanrobles virtuallaw libraryred
On May 28, 2002, petitioner
filed an Affidavit of Desistance wherein he manifested that he was no
longer
interested in the prosecution of the present administrative case and
prayed
for its dismissal.chanrobles virtuallaw libraryred
By Resolution of September
11, 2002,[4]
this Court noted petitioner’s Affidavit of Desistance and referred the
complaint to Executive Judge Herminio Z. Canlas of the Regional Trial
Court
of Macabebe, Pampanga for investigation, report and recommendation.chanrobles virtuallaw libraryred
After conducting hearings
on October 16, 21 and 28, 2002, the Investigating Judge submitted a
REPORT[5]
on November 21, 2002 recommending the a) dismissal of the charge
for gross ignorance of the law; b) faulting of respondent
for
inefficiency for which he should be fined P5,000.00; and 3)
dismissal of the charge for "[g]iving undue advantage to. Yabut,
a private individual."chanrobles virtuallaw libraryred
The pertinent portions
of the investigating Judge’s Report are quoted as follows:chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
A. As to Charge
No. I: Gross Ignorance of Law.chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
The question that arose
was whether the Comelec Resolution on December 23, 1999 which ordered
the
suspension of the reconvening of the new Municipal Board of Canvassers
has the effect of setting aside the Comelecs (sic) resolution of
December
16, 1999 which "vacated" complainant’s earlier proclamation on May 13,
1998. The resolution dated December 16, 1999 has two parts to
wit:
(a) the order dated May 25, 1998 confirming the proclamation of Fidel
Isip
on May 23, 1998 was vacated; and (b) a new Municipal Board of canvasser
was created and should convene to effect necessary corrections in the
election
returns of precinct 159A/160A and Statement of Votes. It appears
clear therefore that what was ordered suspended in the order of Comelec
on December 23, 1999 was only the reconvening of the new Municipal
Board
of Canvassers. But the setting aside of complainant’s
proclamation
has remained in force. The Comelec in its resolution dated April
25, 2000 stated that "in ordering for the suspension of the convening
of
Municipal Board of Canvasser last 23 December 1999, the Commission en
banc
did not amend or reverse its 16 December 1999 resolution." Hence,
the only logical conclusion is that complainant appeared to have
unlawfully
assumed office and illegally discharged the duties and functions of the
office of the Vice mayor; consequently, respondent was correct in
giving
due course to the criminal complaint for usurpation of authority.
Respondent’s finding of a probable cause that the crime as charged in
the
complaint has been committed and that complainant was probably guilty
of
the said crime stood on solid ground. Most importantly,
respondent
does not appear to have acted in bad faith.chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
On the question of whether
or not respondent acted correctly in ordering the arrest of the
complainant,
there is no doubt respondent acted within the scope of his authority.chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
It is therefore recommended
that Charge No. I be dismissed for lack of factual and legal bases.chanrobles virtuallaw libraryred
B. As to Charge
No. II: Gross Innefficiency (sic).chanrobles virtuallaw libraryred
Complainant’s accusation
is to the effect that on February 9, 2000 he filed a motion to dismiss
the criminal complaint against him (for usurpation of authority) on the
ground that the same did not charge an offense, and while the case was
pending before the MCTC where the respondent was the presiding judge,
the
Comelec came up with a resolution dated April 25, 2000 which resolved
to
lift the suspension for the new Municipal Board of Canvassers of
Macabebe,
Pampanga to convene and proceed "to effect the necessary corrections
not
only in the election returns in Precincts 159A/160A but also Precincts
8A and 24A/25A and the corresponding Statement of Votes." With
the
expected correction of the election returns in Precincts Nos. 8A and
24A/25A,
complainant anticipated and was so confident he will increase his lead
over his rival (Pedro Yabut) by 91 votes. Hence, he filed his
Manifestation
with Motion dated May 29, 2000, claiming that he was the true winner
and
still is the Vice Mayor of Macabebe, Pampanga and thus, his
proclamation
cannot be disturbed, and that it was now clear that he, complainant
(accused)
was wrongly charged for the crime of usurpation of public authority and
official function. As stated earlier, series of pleadings were
filed
by the parties: A written opposition was filed by Pedro Yabut;
accused
(complainant) filed a Reply; Pedro Yabut filed his rejoinder; and
accused
(complainant) filed his sur-rejoinder. The sur-rejoinder which
appears
to be the last pleading relating to the motion to dismiss was filed on
March 24, 2000. The Motion to Dismiss was thus considered submitted for
resolution as of March 24, 2000 and respondent judge had up to June 22,
2000 to resolve the same.chanrobles virtuallaw libraryred
For his defense respondent
cited three grounds for the delay in the resolution of the motion to
dismiss,
namely:chanrobles virtuallaw libraryred
(a) There was
(sic) so many pleadings being filed with the Court, the Comelec and
even
with the Supreme Court (t.s.n. p.3, October 8, 2002) and he did not
want
to pre-empt the result of the recounting of ballots cast in the
elections
of May 11, 1998 between Pedro Yabut and Fidel Isip (t.s.n. p. 4, Oct.
28,
2002).chanrobles virtuallaw libraryred
(b) The
flood that inundated the towns of Macabebe, Masantol, San Simon and San
Luis, all in the province of Pampanga, in the year 2000 (t.s.n.
p.5,
Oct. 28, 2002).chanrobles virtuallaw libraryred
(c) His
workload as regular presiding judge of the MCTC of Macabebe-Masantol
and
as acting presiding judge of the MCTC of Apalit-San Simon.chanrobles virtuallaw libraryred
which however are unworthy
of credence for the following reasons:chanrobles virtuallaw libraryred
1. The pleadings being
filed with the Court, the Comelec and with the Supreme Court were not
and
cannot be considered as obstacle in the resolution of the motion which
is predicated on the simple ground that the criminal complaint for
usurpation
of authority did not allege facts that would constitute the offense
charged
therein. It could have been and should have resolved on the basis
of its allegations and what the criminal complaint has alleged.
Moreover,
if it is true that respondent did not want to pre-empt the recounting
of
votes, then, he could have acted on the motion to dismiss shortly after
complainant has filed his Second Motion To Resolve, dated June 28,
2000,
where he alleged that on June 8, 2000, he was finally proclaimed by the
Comelec as the winner. Had respondent promptly resolved the
motion,
chances are that complainant would not have bothered to file the
instant
administrative case which the record shows is dated July 21, 2000 and
was
filed with the Office of the Court Administrator on July 31, 2000.chanrobles virtuallaw libraryred
2. The flood in the
year 2000 that submerged portions of the towns of Macabebe, Masantol,
San
Luis and San Simon occurred sometime in the month of July 2000;
consequently,
in June 2000 when the motion to dismiss should have been resolved by
respondent
there was no flood to talk about. In any event, there is no
showing
that all principal roads in said municipalities were closed to traffics
at the height of the flood.chanrobles virtuallaw libraryred
3. The case load of
respondent as presiding judge of both the MCTC of Macabebe-Masantol and
MCTC of Apalit-San Simon, cannot be a good reason to delay the
resolution
of the motion to dismiss in question. Firstly, respondent was
designated
acting judge of the MCTC in Apalit-San Simon only on January 5,
2001.
Secondly, respondent could have seasonably requested for a reasonable
extension
of time to resolve the motion by filing an appropriate request
with
the Office of the Court Administrator.chanrobles virtuallaw libraryred
What appears to be clear
is that respondent felt intimidated by the series of orders/resolutions
issued by the Comelec and as a result, he became indecisive. It
was
a clear case of judicial vacillation that has no place in the efficient
and speedy administration of justice.chanrobles virtuallaw libraryred
Respondent should therefore
be held administratively liable for Charge No. II. x x xchanrobles virtuallaw libraryred
Recommendation:
Respondent should be fined in the amount P5,000.00.chanrobles virtuallaw libraryred
C. As to Charge No.
III: Giving undue advantage to Pedro Yabut, a private individual.chanrobles virtuallaw libraryred
Despite respondent’s
acts in giving due course to the criminal complaint for usurpation of
authority,
there is no evidence on record that he deliberately favored Pedro
Yabut.
It is true complainant suffered initial set backs in the case filed
against
him. He was inconvenienced; he was ordered arrested and he had to
post a bond for his provisional liberty. But he was not
unseated.
From June 30, 1998 he was occupying the office of the Vice Mayor for
Macabebe,
Pampanga so, it cannot be said that Pedro Yabut benefited from the
filing
of the case against complainant.chanrobles virtuallaw libraryred
Absent any clear incriminating
proof against respondent it would be unfair to pronounce him guilty of
acts that have favored Pedro Yabut.chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
It is therefore recommended
that Charge No. III be dismissed for lack of merit.chanrobles virtuallaw libraryred
x x x (Emphasis
and underscoring supplied) chanrobles virtuallaw libraryred
It is gathered that
after complainant filed at the MCTC a Sur-Rejoinder on March 24, 2000,
his Motion to Dismiss was submitted for resolution. Respondent
thus
had 90 days or up to June 24, 2000 within which to resolve the motion.chanrobles virtuallaw libraryred
During the October 28,
2002 hearing conducted by the Investigating Judge, respondent claimed
that
he resolved the motion on September 7, 2000.[6]
There was no order of such date proffered by him, however.chanrobles virtuallaw libraryred
But even if respondent
had resolved the motion on September 7, 2000, he still incurred in
delay.chanrobles virtuallaw libraryred
His justification, during
the investigation of the complaint at bar, for the delay in resolving
the
Motion to Dismiss was correctly discredited by the Investigating Judge
when he made the following observation:[7]chanrobles virtuallaw libraryred
The pleadings being
filed with the Court, the Comelec and with the Supreme Court were not
and
cannot be considered as obstacle in the resolution of the motion which
is predicated on the simple ground that the criminal complaint for
usurpation
of authority did not allege facts that would constitute the offense
charged
therein. It could have been and should have resolved on the basis
of its allegations and what the criminal complaint has alleged.
Moreover,
if it is true that respondent did not want to pre-empt the recounting
of
votes, then, he could have acted on the motion to dismiss shortly after
complainant has filed his Second Motion To Resolve, dated June 28,
2000,
where he alleged that on June 8, 2000, he was finally proclaimed by the
Comelec as the winner. Had respondent promptly resolved the
motion,
chances are that complainant would not have bothered to file the
instant
administrative case which the record shows is dated July 21, 2000 and
was
filed with the Office of the Court Administrator on July 31, 2000. x x
x. (Underscoring supplied) chanrobles virtuallaw libraryred
That respondent was
burdened with a heavy case load in MCTC Apalit-San Simon and MCTC
Macabebe-Masantol
is not a valid excuse, especially given the fact that while he was the
Presiding Judge of the MCTC of Macabebe-Masantol since 1998, it was
only
on January 5, 2001,[8]
after the present complaint was filed, that he was designated Presiding
Judge of the MCTC of Apalit-San Simon.chanrobles virtuallaw libraryred
When circumstances arise
which prevent a judge from deciding a case or an incident thereof
within
the reglementary period, all he has to do is to file an application
with
this Court for a reasonable extension of time within which to decide or
resolve the same.[9]
The record is bereft, however, of any showing that respondent made any
such request. Instead, he preferred to keep the resolution of the
motion
pending, the filing of two motions for the purpose notwithstanding.[10]
This Court has always
emphasized "the need and the imperative"[11]
for judges to promptly and expeditiously decide cases including all
incidents
therein. Failure to do so constitutes gross inefficiency which
warrants
administrative sanctions.[12]
For any delay in the determination or resolution of a case, no matter
how
insignificant the case may seem to a judge, is, at bottom, delay in the
administration of justice in general. The suffering endured by just one
person - whether plaintiff, defendant, or accused - while awaiting a
judgment
that may affect his life, honor, liberty, or property, taints the
entire
judiciary’s performance in its solemn task of administering justice.[13]chanrobles virtuallaw libraryred
Under Rule 140 of the
Rules of Court,[14]
Gross Inefficiency ("Undue delay in rendering a decision or order, or
in
transmitting the records of a case") is classified as a less serious
charge,
for which Section 10-B thereof provides the following sanctions:chanrobles virtuallaw libraryred
x x xchanrobles virtuallaw libraryred
B. If the respondent
is found culpable of having committed a less serious charge, any of the
following sanctions shall be imposed:chanrobles virtuallaw libraryred
1. Suspension from office
without salary and other benefits for one (1) to two (2) months and
twenty-nine
(29) days; orchanrobles virtuallaw libraryred
2. A fine of not less
than P10,000.00 but, not more than P19,999.00. x x xchanrobles virtuallaw libraryred
So must respondent be
thereunder penalized.chanrobles virtuallaw libraryred
WHEREFORE, respondent
JUDGE VALENTINO B. NOGOY is hereby found guilty of Gross Inefficiency
for
which he is FINED the amount of Ten Thousand
Pesos
(P10,000.00), payable immediately to this Court, with the WARNING that
a repetition of the same shall be dealt with more severely.chanrobles virtuallaw libraryred
SO ORDERED.chanrobles virtuallaw libraryred
Puno,
J., (Chairman)
,
Panganiban, Sandoval-Gutierrez, and Corona,
JJ.
,
concur.chanrobles virtuallaw libraryred
____________________________
Endnotes:
[1]
Records at 1-5.chanrobles virtuallaw libraryred
[2]
Id. at 81-85.chanrobles virtuallaw libraryred
[3]
Ibid. at 90-92.chanrobles virtuallaw libraryred
[4]
Records at 137.chanrobles virtuallaw libraryred
[5]
Report and Recommendation of Judge Canlas, see attached envelope.
[6]
TSN, October 28, 2002 at 4.chanrobles virtuallaw libraryred
[7]
Report and Recommendation at 8.chanrobles virtuallaw libraryred
[8]
Ibid.chanrobles virtuallaw libraryred
[9]
Luzarraga v. Meteoro, 337 SCRA 152, citations omitted.chanrobles virtuallaw libraryred
[10]
Ibid.chanrobles virtuallaw libraryred
[11]
Rule 3.05, Canon 3 of the Code of Judicial Conduct, provides:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
"A
judge shall dispose of the court’s business promptly and decide cases
within
the required periods." Cited in OCAD v. Quiñanola, 317 SCRA 37
(1999).
[12]
OCAD v. Quiñanola, ibid, citations omitted.chanrobles virtuallaw libraryred
[13]
Luzarraga v. Meteoro, 337 SCRA 152, 156 (2000).chanrobles virtuallaw libraryred
[14]
It was later amended on October 1, 2001, by A.M. No. 01-8-10-SC
("RE:
PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF COURT RE DISCIPLINE OF
JUSTICES
AND JUDGES"). |