October 2008 - Philippine Supreme Court Resolutions
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[A.M. No. MTJ-98-1153 : October 07, 2008] MAGDALENA HUGGLAND VS. JOSE CABAL LANTIN :
[A.M. No. MTJ-98-1153 : October 07, 2008]
MAGDALENA HUGGLAND VS. JOSE CABAL LANTIN
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated October 7, 2008
"A.M. No. MTJ-98-1153 (Magdalena Huggland vs. Jose Cabal Lantin)
In an en banc Resolution dated February 29, 2000 in ADM. MATTER NO. MTJ-98-1153, the Court adjudged Jose C. Lantin of the Municipal Court of San Felipe, Zambales guilty of grave misconduct in office and gross dishonesty, among other grave offenses. In view, however, of the fact that Lantin had meanwhile reached the compulsory age of retirement, the Court, in lieu of the penalty dismissal from the service, merely ordered the forfeiture of his retirement benefits, including leave benefits. In another Resolution of August 8, 2000, the Court denied Lantin's motion for reconsideration of the February 29, 2000 resolution.
Despite the resolutions foretasted, Latin, thru an attorney-in fact, was able to secure a Certificate of Clearance from the Office of the Court Administrator (OCA) for purposes of compulsory retirement. The certificate enabled him to collect from the Court the total amount of PhP 1,790,297.89 representing his terminal leave pay (PhP 237,760.89) and retirement gratuity benefits PhP 1,522,437). Demands made after the discovery of the fraud for the return of the amount thus unlawfully received went unheeded.
Per Resolution dated March 27, 2007, the Court required Lantin to show cause, within a period of five (5) days from notice, why he should not be punished for contempt for disrespect of the Court's Resolution of February 29, 2000 and for his obstinate refusal to return the amount he obtained in violation of the February 29, 2000 resolution adverted to. In view of Lantin's failure to comply with the Resolution of March 27, 2007, another Resolution dated August 14, 2007 was issued ordering, among other things, the National Bureau of Investigation (NBI) to arrest and detain Lantin until he shall have complied with the show-cause resolution. Two days later, the Court ordered the NBI to arrest Lantin and confine him until he complies with the Court's March 27, 2007 resolution.
In an undated handwritten letter to the Court, Lantin denied that he "pocketed the more that P1M [paid by the Court]" and gratuitously suggested that the fraud perpetuated was the work of a syndicate.
Sometime in September 2007, Lantin was arrested by the NBI. He is presently detained at the NBI detention center. In a letter of January 9, 2008 to the Chief Justice, Lantin pleaded for his release on account of his advancing age and failing health. And even as he reiterated his innocence of the alleged fraud on the Court's funds and named the persons liable therefor, he also alleged that he could not possibly comply with the Court's order embodied in its various resolution copies of which he has yet to receive. An urgent appeal from Lantin's counsel for judicial compassion and for humanitarian cause followed.
In a letter of May 16, 2008, the NBI informed the Court that the hypertensive Lantin has suffered a heart attack and has to be rushed to the PGH where he has been diagnosed to be suffering from vascular and kidney diseases. Attached to the letter was a medical certificate issued by the PGH Medical Records division and a photograph of Lantin pampers and with tubes attached to his right arm.
The OCA joins the NBI in recommending that Lantin , a widower, be transferred to any institution for the aged.
Without necessarily ruling on his liability for contempt, Lantin should, for practical and humanitarian considerations, be immediately released to the custody of his family who can decide whether or not placing him in the care of institutions for the aged is the better option.
WHEREFORE, Jose Lantin is, for health reasons, granted provisional liberty. Accordingly, the National Bureau of Investigation is hereby commanded to effect the immediate release of Jose Lantin to his family who shall then be responsible for his surrender to the Court when so required.
The Court further Resolved to NOTE the
"A.M. No. MTJ-98-1153 (Magdalena Huggland vs. Jose Cabal Lantin)
R E S O L U T I O N
In an en banc Resolution dated February 29, 2000 in ADM. MATTER NO. MTJ-98-1153, the Court adjudged Jose C. Lantin of the Municipal Court of San Felipe, Zambales guilty of grave misconduct in office and gross dishonesty, among other grave offenses. In view, however, of the fact that Lantin had meanwhile reached the compulsory age of retirement, the Court, in lieu of the penalty dismissal from the service, merely ordered the forfeiture of his retirement benefits, including leave benefits. In another Resolution of August 8, 2000, the Court denied Lantin's motion for reconsideration of the February 29, 2000 resolution.
Despite the resolutions foretasted, Latin, thru an attorney-in fact, was able to secure a Certificate of Clearance from the Office of the Court Administrator (OCA) for purposes of compulsory retirement. The certificate enabled him to collect from the Court the total amount of PhP 1,790,297.89 representing his terminal leave pay (PhP 237,760.89) and retirement gratuity benefits PhP 1,522,437). Demands made after the discovery of the fraud for the return of the amount thus unlawfully received went unheeded.
Per Resolution dated March 27, 2007, the Court required Lantin to show cause, within a period of five (5) days from notice, why he should not be punished for contempt for disrespect of the Court's Resolution of February 29, 2000 and for his obstinate refusal to return the amount he obtained in violation of the February 29, 2000 resolution adverted to. In view of Lantin's failure to comply with the Resolution of March 27, 2007, another Resolution dated August 14, 2007 was issued ordering, among other things, the National Bureau of Investigation (NBI) to arrest and detain Lantin until he shall have complied with the show-cause resolution. Two days later, the Court ordered the NBI to arrest Lantin and confine him until he complies with the Court's March 27, 2007 resolution.
In an undated handwritten letter to the Court, Lantin denied that he "pocketed the more that P1M [paid by the Court]" and gratuitously suggested that the fraud perpetuated was the work of a syndicate.
Sometime in September 2007, Lantin was arrested by the NBI. He is presently detained at the NBI detention center. In a letter of January 9, 2008 to the Chief Justice, Lantin pleaded for his release on account of his advancing age and failing health. And even as he reiterated his innocence of the alleged fraud on the Court's funds and named the persons liable therefor, he also alleged that he could not possibly comply with the Court's order embodied in its various resolution copies of which he has yet to receive. An urgent appeal from Lantin's counsel for judicial compassion and for humanitarian cause followed.
In a letter of May 16, 2008, the NBI informed the Court that the hypertensive Lantin has suffered a heart attack and has to be rushed to the PGH where he has been diagnosed to be suffering from vascular and kidney diseases. Attached to the letter was a medical certificate issued by the PGH Medical Records division and a photograph of Lantin pampers and with tubes attached to his right arm.
The OCA joins the NBI in recommending that Lantin , a widower, be transferred to any institution for the aged.
Without necessarily ruling on his liability for contempt, Lantin should, for practical and humanitarian considerations, be immediately released to the custody of his family who can decide whether or not placing him in the care of institutions for the aged is the better option.
WHEREFORE, Jose Lantin is, for health reasons, granted provisional liberty. Accordingly, the National Bureau of Investigation is hereby commanded to effect the immediate release of Jose Lantin to his family who shall then be responsible for his surrender to the Court when so required.
The Court further Resolved to NOTE the
(a) 1st Indorsement dated September 30, 2008 of Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative officer, referring the letter dated September 26, 2008 of Atty. Noel G. Morales, Chief Security Management Division, Domestic Intelligence Services, NBI, and
(b) Aforesaid Letter of Atty. Morales, re: Deteriorating health condition of Judge Jose Lantin and request for his immediate hospitalization and or transfer to appropriate health institution for the aged.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
