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[ A.M. No. 99-5-03-SC. May 18, 1999]

RE: LETTER OF ATTY. RAFAEL IRIARTE

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 18 1999.

A.M. No. 99-5-03-SC (Re: Letter of Atty. Rafael Iriarte explaining why he cannot assume the position as appointed Judge of MTC, Baybay, Leyte.)

This has reference to the latter of RAFAEL M. IRIARTE dated March 29, 1999 explaining why he cannot assume the position of Judge, Municipal Trial Court, Baybay, Leyte.

RAFAEL M. IRIARTE was appointed on February 5, 1999 as Municipal Trial Court Judge of Baybay, Leyte. He received his appointment on March 19, 1999. He attended the Orientation Seminar for Judges at Tagaytay City. However, he did not take his oath of office as Municipal Trial Court Judge and did not assume the position.

In his letter, Mr. Iriarte explains that he cannot take his oath and assume the position because he will be away from his family as the MTC station is 100 kilometers away from his family as the MTC station is 100 kilometers away from his residence in Tacloban City. He asks for forgiveness for not taking his oath and has offered to reimburse the expenses for the seminar in Tagaytay City. He states that he applied for the position in 1992 and was appointed as provincial assessor of Leyte in the meantime. The date of his appointment as provincial assessor is not disclosed.

As recommended by the Court Administrator in his 2nd Indorsement dated April 23, 1999, the explanation is accepted considering that his appointment was issued about seven years after he filed his application, and he has in the meantime accepted the position of Provincial Assessor of Leyte. However, he is strongly admonished that it was incumbent upon him as a member of the bar and an application for the position of judge to formally withdraw his application and promptly inform the court if such withdrawal upon the occurrence of the "supervening event" which prevented his assumption of office. Elementary respect for the Court, the Office of the President, and the Judicial and Bar Council who are charged with the screening of appointments to the judiciary requires such candor, if only to spare said offices from the work and administrative expenses involved in processing such appointments.

Since the appointment will have to be withdrawn by the President who issued the same upon the recommendation of the Judicial and Bar Council, let this resolution be forwarded through the Judicial and Bar Council to the Office of the President for appropriate action with the recommendation that the appointments be recalled.

Mr. Iriarte is hereby directed to reimburse the court of the expenses that were incurred for his attendance at the Orientation Seminar for Judges within thirty (30) days from receipt of the statement of such expenses, which shall be prepared and sent to him by the Office of the Chancellor, Philippine Judicial Academy, through the Office of the Court Administrator. Purisima and Buena, JJ., on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

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