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[A.M. No. RTJ-99-1460. December 5, 2000]

OCAD vs. JUDGE FLORO, JR.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 5 2000.

A.M. No. RTJ-99-l460 (Office of the Court Administrator vs. Judge Florentino V. Floro, Jr.)

On 16 November 2000, Retired Justice Pedro A. Ramirez, Consultant of the Office of the Court Administrator who was duly designated to conduct an investigation in this case and thereafter submit his report and recommendation, submitted his Report on the matter of respondent's failure to comply with the Court's Resolution of 1 February 2000 directing him to submit himself to the Supreme Court Medical Clinic for psychological or mental examination within ten (10) days from notice, which was reiterated in the Resolution of 17 October 2000. The Report, duly noted by the Court Administrator, reads as follows:

1. By its resolution en banc dated February 1, 2000, this Honorable Court directed respondent Judge Florentino V. Floro, Jr. "to submit himself to the Supreme Court Medical Clinic for psychological or mental examination, within (10) days from notice," which was reiterated in its resolution en banc dated October 17, 2000, ordering him "to comply, within five (5) days from notice hereof, with the resolution requiring him (respondent Judge) to undergo psychological examination to be conducted by the Supreme Court Clinic;" with the warning that "should he fail to do so, appropriate disciplinary action shall be imposed upon him." Copy of the resolution dated October 17, 2000 was received by respondent Judge on October 24, 2000, as admitted by him in his motion for reconsideration dated October 24, 2000.

2. Respondent Judge has not complied with the resolutions of this Honorable Court and has disobeyed its orders on the matter, as verified with the Supreme Court Medical Clinic; and

3. On November 7, 2000, respondent Judge furnished the Office of the Court Administrator with a copy of the administrative cases that he has filed against Dr. Rosa J. Mendoza and Dr. Celeste P. Vista of the Supreme Court Medical Clinic at the Professional Regulatory Commission and the Philippine Medical Association which further shows his intention to disregard and disobey the legal orders of this Honorable Court on the matter and avoid submitting himself to the psychological or mental examination required of him.

WHEREFORE, it is respectfully prayed that respondent Judge Florentino V. Floro, Jr. be accordingly appropriately sanctioned for obvious contempt, conformably with the October 17, 2000 warning resolution of this Honorable Court.

The Court agrees with the Investigator that respondent Judge has disobeyed the Court's two resolutions. His disobedience is clearly contumacious; it shows his gross disrespect to the Court and deliberate disregard and arrogant defiance of its lawful orders. He is again ordered to submit himself to the Supreme Court Medical Clinic for psychological and mental examination within ten (10) days from his receipt of a copy of this Resolution. Should he still refuse or fail to do, he shall be ordered arrested and detained at the jail of the National Bureau of Investigation (NBI) at Taft Avenue, Manila until he shall have submitted himself to the required examination.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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