April 1976 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1976 > April 1976 Decisions > A.M. No. 329-MJ April 30, 1976 - ANGEL RECONOSE v. TEOFILO N. TUMULAK:

SECOND DIVISION

[A.M. No. 329-MJ. April 30, 1976.]

ANGEL RECONOSE, Complainant, v. MUNICIPAL JUDGE TEOFILO N. TUMULAK of Libona, Bukidnon, Respondent.

No counsel for complainant.

No counsel for Respondent.

SYNOPSIS

Respondent judge was charged with electioneering, connivance in the falsification of a deed of sale and ignorance of the law. Only the third charge was duly investigated, the two others not having been verified. The District Judge reported that the respondent had failed to apply fully the applicable provision to the case for his decision did not include the accused’s ejectment from the area described in the complaint as being unlawfully possessed, but this notwithstanding, "no substantial prejudice to the government" was caused as the accused in the case had voluntarily vacated the portion of the land involved.

The Supreme Court, in view of this report and of the subsequent acceptance by the President of respondent’s resignation, dismissed the administrative complaints for being moot and academic.

SYLLABUS

1. JUDGES; ADMINISTRATIVE COMPLAINTS; DISMISSAL THEREOF FOR BEING MOOT AND ACADEMIC. — Where, despite respondent judge’s failure to apply fully the applicable provision in a given case, no substantial prejudice to the government was caused and his resignation was subsequently accepted by the President, no further action need be taken on the administrative cases against him.

R E S O L U T I O N

FERNANDO, Acting C.J.:

At the time of the effectivity of the present Constitution, among the administrative cases referred to this Court by virtue of the provision vesting supervision in this Tribunal over all courts 1 were those filed against respondent Teofilo N. Tumulak, then Municipal Judge of Libona, Bukidnon. There were three such charges, but two of them, one for alleged electioneering and the other for alleged connivance in the falsification of a deed of sale, submitted in letter-complaints, were not verified. There was lacking then the juridical basis for a formal investigation. The third was for alleged ignorance of the law. It was duly investigated by District Judge Dominador Zuño. The case arose from a prosecution against a certain Macario Alimocon for unlawful destruction and/or occupation of public forests contrary to law. 2 There was an admission by the accused of the facts constituting the offense, but, as noted by the investigating Judge Dominador Zuño, respondent Judge was responsive to a highly emotional appeal on the part of the accused and failed to include in his decision the ejectment therein of the area described in the complaint as being unlawfully possessed. While there was a failure to apply fully the applicable provision, still Judge Zuño noted in his report that there was "no substantial prejudice to the government" as the accused did voluntarily vacate that portion of the land involved which exceeded what was previously occupied by him, having inherited the same from his ancestors.

There were subsequent developments. The records likewise show that on May 31, 1973, the resignation of Judge Teofilo N. Tumulak was accepted by the President. Under the circumstances no further action need be taken on these administrative cases against Teofilo N. Tumulak.

WHEREFORE, the administrative complaints against respondent Teofilo N. Tumulak are hereby dismissed for being moot and academic.

Barredo, (Acting Chairman), Antonio, Aquino and Concepcion, Jr., JJ., concur.

Endnotes:

1. According to Article X, Section 6 of the Constitution: "The Supreme Court shall have administrative supervision over all courts and the personnel thereof."cralaw virtua1aw library

2. Republic Act No. 3701 (1963).

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