ChanRobles Virtual law Library
[ A.M. No. MTJ-99-1175. June 8, 1999]
VICTORINO CRUZ vs. JUDGE REYNOLD Q. YANEZA
EN BANC
Gentlemen:
Quoted hereunder, for your information is a resolution of this Court dated JUN 8, 1999.
A.M. No. MTJ-99-1175 (Victorino Cruz v. Judge Reynold Q. Yaneza, MeTC-Br. 54, Navotas, Metro Manila.)
On 9 March 1999 this Court dismissed respondent Judge Reynold Q. Yaneza from the service with forfeiture of his retirement benefits and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations. The Court found after a thorough and painstaking review of the records that indeed respondent Judge has been approving bail bonds and issuing release orders in violation of Rule 114 of the Revised Rules of Court amounting to gross incompetence and even corruption.
In his Motion for Reconsideration of 5 April 1999 respondent specifically denies the charges against him. Nonetheless, as a first-time offender and considering the attendant circumstances, he pleads for mitigation or diminution of the penalty imposed on him. An asserts that he was denied due process when Executive Judge Benjamin M. Aquino opted to conduct a discreet investigation instead of conducting an open confrontation.
We remain unconvinced. Movant's contentions having been exhaustively discussed in our ponencia and we find no reason to deviate from our conclusion therein. As regards the discreet investigation conducted by Judge Aquino, suffice it to say that it was pursuant to the order of this Court. Respondent cannot bewail that he was denied due process because he was given no less by this Court the opportunity to explain his side. His explanation was duly considered in resolving the instant administrative case.
ACCORDINGLY, the Court Resolves to DENY respondent's motion for reconsideration. Puno, J., abroad on official business and Panganiban, J., is on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
