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[A.M. OCA IPI No. 04-1643-MTJ.� April 27, 2005]
CRUZ vs. CAPELLAN
SECOND DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APR 27 2005.
A.M. OCA IPI No. 04-1643-MTJ (Carlos R. Cruz, Jr. vs. Judge Mario B. Capellan, MTCC, Branch 1, Malolos City, Bulacan.)
Acting on the Memorandum of the Office of the Court of Administrator (OCA), dated March 3, 2005, to wit:
REASON FOR AGENDA: Received by this Office is the COMPLAINT dated 2 November 2004 (with enclosures) of Carlos R. Cruz, Jr. charging respondent Judge Mario B. Capellan, MTCC, Branch 1, Malolos City, Bulacan with Grave Misconduct (Delay in Trying a Case), Conduct Prejudicial to the Best Interest of the Service and Violation of Rules 1.01, 1.02, 2.01 and 3.01 of the Code of Judicial Conduct relative to Criminal Case No. 98-1040 entitled "People of the Philippines vs. Soledad Amarille, et al."
Mr. Cruz, who is the private complainant in the above-entitled criminal case, alleges that since the filing of Information with the sala of the respondent judge sometime on (sic) July 1998, all the accused in the subject criminal case have not yet been arraigned. The respondent judge has been giving a lot of excuses for the delay in the arraignment such as the absence of the assigned prosecutor when the Office of the Prosecutor of Malolos City is right beside his court. Complainant claims that if the prosecutor assigned to respondent's court is not available, the latter could readily make an arrangement for the temporary assignment of another prosecutor in order that the cases scheduled for hearings will not be delayed. The same thing is true with respect to the supposed absence of his (respondent judge's) stenographer.
Complainant adds, thus:
"6. Undersigned refuses to dwell on the possible motive of respondent for his obvious foot-dragging, but what is readily apparent is that every time my case is scheduled for hearing, whose setting is made as far away as possible, he always has a convenient excuse not to push through with the arraignment.
"7. What is all the more painful for undersigned is the fact that he has a private lawyer for the case for which a per appearance fee is paid even if the case is postponed. And this has been going on for the last 6 years! When will all these hardships end?" [1] cralaw
EVALUATION : After a careful review of the records before us, we are of the opinion that the instant complaint against the respondent judge should be dismissed for lack of merit and/or basis.
Other than the copy of the Information filed in the subject criminal case, no other evidence were submitted by the complainant to prove his accusations against the respondent judge. His claims, therefore, remain to be bare allegations. Accusation is not synonymous with guilt. It has to be proven.
On the other hand, the respondent judge was able to defend himself with convincing evidence to support his claims. The copies of the orders, pleadings submitted and minutes of the proceedings in the case annexed to his comment are more than sufficient to disprove complainant's allegations. These evidence will clearly show that the delay in the arraignment of all the accused in the subject criminal case was not due to the fault of the respondent judge but partly due to complainant's and his counsel's absences in the previous scheduled hearings of the case.
RECOMMENDATION : Respectfully submitted for the consideration of the Honorable Court is our recommendation that the instant case against respondent Judge Mario B. Capellan, MTCC, Branch 1, Malolos City, be DISMISSED for lack of merit. [2] cralaw
The Court agrees with the recommendation of the OCA.
As a matter of policy, in the absence of fraud, dishonesty or corruption, the acts of a judge in his judicial capacity are not subject to disciplinary action even though such acts are erroneous. [3] cralaw The Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the latter can be branded the stigma of being biased and partial. [4] cralaw To hold otherwise would be to render judicial office untenable, for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible in his judgment. [5] cralaw Furthermore, if the complainant fails to prove the allegations in the complaint by substantial evidence, the presumption that the respondent has regularly performed his duties will prevail. [6] cralaw
In this case, as noted by the OCA, the delay in the disposition of Criminal Case No. 98-1040 was due to the absences of either the private prosecutor (the complainant's counsel) or the counsel for the accused therein; Judge Capellan was able to substantiate his allegations with the records of the said case.
The Court will not shirk from its responsibility of imposing discipline upon magistrates, but neither will it hesitate to shield them from unfounded suits that serve to disrupt rather than promote the orderly administration of justice. [7] cralaw
WHEREFORE, the administrative complaint against Judge Mario B. Capellan is DISMISSED for lack of merit.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Rollo, p. 93.
[2] cralaw Rollo, pp. 94-95.
[3] cralaw Castanos v. Escano,Jr., A.M. No. RTJ-93-955, 12 December 1995, 251 SCRA 174.
[4] cralaw Mayor Abdula v. Hon. Guiani, 382 Phil. 757 (2000).
[5] cralaw Sacmar v. Reyes-Carpio, 448 Phil. 37 (2003).
[6] cralaw See Urgent Appeal/Petition for Immediate Suspension & Dismissal of Judge Emilio B. Legaspi. Regional Trial Court, lloilo City, Br. 22, A.M. No. 01-1-15-RTC, 10 July 2003, 405 SCRA 514.
[7] cralaw Cruz v. Iturralde, A.M. No. RTJ-03-1775, 30 April 2003, 402 SCRA 65.
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