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[ A.M. No. 9734-Ret. May 18, 1999]
RE: APPLICATION FOR DISABILITY RET. OF JUDGE MAURICIO, SR.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAY 18 1999.
A.M. No. 9734-Ret. (Re: Application for Disability Retirement of Judge Marciano C. Mauricio, Sr.)
On December 28, 1998, Judge Marciano C. Maricio, Sr., Municipal Trial Court in Cities, Palayan City, Nueva Ecija, filed with the Office of the Chief Justice and application for retirement due to permanent physical disability. He claimed to have suffered from cerebral infarction (commonly known as a stroke) in August 1998. He has been under treatment since then: He later on sustained injuries including a broken right ankle ailment, obstructed prostate, hearing impairment and memory lapses. His mobility is impaired. He can not walk alone and could go to court only on a wheelchair, with the assistance of a helper. He could not pen decisions due to memory lapses and other deficiencies. Even prior to the stroke, he was being treated for diabetes and hypertension, which are common ailments in his family. 1 [Judge Mauricio's letter of application dated December 1, 1998.]
On February 24, 1999, Judge Mauricio wrote Chief Justice Davide, Jr. stating that his health "made a dramatic improvement and recovery", though he walks "presently with a cane," 2[Motion to withdraw dated February 8, 1999] and requesting that his application for retirement be withdrawn.
We do not agree that Judge Mauricio has sufficiently recovered his health as to permit him to adequately perform his functions as a judge. We cannot overemphasize that in dispensing justice, we promote the unity of the country, the stability of government and the well being of the people. The Court will not succeed in its task if the presiding judge is physically, and worse, mentally disabled permanently.
IN VIEW WHEREOF, we resolve to DENY the request of Judge Marciano C. Mauricio, Sr. for withdrawal of his application for retirement due to permanent physical disability. We DIRECT Judge Mauricio to undergo a medical examination to be conducted by the Supreme Court Medical/Dental Services, within fifteen (15) days from notice. Purisima and Buena, JJ., on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
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