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[A.M. No. RTJ-00-1530.September 18, 2001.]

DR. ALDAY et al. vs. JUDGE CRUZ BR. 58 RTC MAKATI CITY

EN BANC

Gentleman :

Quoted hereunder ,for your information ,is a resolution of this Court nc dated SEPT 18 2001

A.M. No. RTJ-00-1530(Dr. Edgardo Alday, Mercedes Favis, Marna Villafuente, & Christopher Garcia vs Judge Escolastico U. Cruz, Jr., Branch 58 Regional Trial Court, Makati City.)

In a decision of this Court en banc in A.M. No. RTJ-00-1530, dated March 14, 2001, we suspended respondent Judge Escolastico U. Cruz, Jr. for a period of one year, "to take effect immediately", for conduct grossly prejudicial to the service. Thus, we decreed:

"WHEREFORE, we hereby find respondent judge GUILTY of conduct grossly prejudicial to the service, and impose upon him the penalty of SUSPENSION without pay for one (1) year and to pay a fine of P50,000.00, to take effect immediately, with a warning that a commission of a similar act shall be dealt with more severely."

In a resolution dated August 28, 2001, this Court denied with finality respondent judge's motion for reconsideration of the said decision.

However, our attention was called by Makati City Executive Judge Leticia P. Morales, through letters sent to the Chief Justice and the Acting Court Administrator, ¹ Dated August 16, 2001 and August 1, 2001, respectively.that respondent judge continues to preside over court hearings, issue orders, and render decisions even after our decision in A.M. No. RTJ-00-1530 was promulgated. Consequently, Judge Morales posed a query as to the and validity of the orders issued and decisions rendered by respondent judge during the period of his suspension.

������������ By "to take effect immediately" is meant that the period of suspension would begin to run from the date respondent judge received notice of our Decision suspending him from office, which date is March 22, 2001. Respondent judge should have desisted from exercising the functions of a judge starting from that date. By that time, he no longer had authority to act on any of the cases pending in his sala.

We note, however, that respondent judge filed with this Court a motion for reconsideration and ² Received by the OCA on March 29, 2001 and this Court's Docket and Clearance Division on April 10, 2001. a supplemental motion for reconsideration, ³ Received by the OCA on April 4, 2001 and this Court's Docket and Clearance Division on April 16, 2001.though these did not stay the effectivity of respondent's immediate suspension. Whether said decisions or orders and other processes issued by respondent judge might, in the meantime before this Court had resolved the motion for reconsideration, be considered valid or not is, in our view, a non-issue. Said decisions, orders and other issuances of the suspended judge are invalid and without force or effect from the time he received his order of suspension on March 22, 2001.

On said date when respondent judge received a copy of the resolution suspending him, he could no longer perform judicial acts. Any other interpretation would set at naught the reason and purpose of the phrase, "to take effect immediately."

WHEREFORE, the Court RESOLVED to: (1) DECLARE NULL D VOID all decisions, orders, and processes issued by respondent judge Rer March 22, 2001, the date he received the decision of this Court suspending him for one year; (2) DIRECT the RTC Executive Judge, Hon. Leticia P. Morales, of Makati City to cause the inventory, through the Branch Clerk of Court of Branch 58, RTC of Makati City, of all said decisions, orders and other processes; and to promptly submit said inventory to this Court through its Clerk of Court (en banc); and (3) DIRECT respondent Judge Escolastico U. Cruz, Jr., to SHOW CAUSE within five days why he should not be held liable and punished for CONTEMPT and DISOBEDIENCE to the decision of this Court dated March 14, 2001. Disregard of this directive by respondent will be severely dealt with.

Let a copy of this Resolution be served on respondent personally at/ his office in Makati City without delay.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court

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