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LEGAL ETHICS AND JUDICIAL ETHICS

RECENT JURISPRUDENCE
I. LEGAL ETHICS
CASE FACTS HELD DOCTRINE
Orlando S. Castelo, An ejectment case was filed by Atty. Ching is found It is gross negligence for
et al. v. Atty. Ronald the Delens against the Castellos, guilty of gross a notary public to fail to
Segundino C. Ching complainants herein. The negligence in the properly store and
AC. No. 11165 | Castellos discovered that the performance of his secure his notarial
February 06, 2017 | property was previously titled in duties as notary public. equipment in order to
CAGUIOA, J. the name of their parents but His existing notarial prevent other people
this was cancelled in favor of the commission is from notarizing
Delens by virtue of a Deed of REVOKED and he is documents by forging
Absolute Sale, which had been perpetually his signature and
notarized by respondent Atty. DISQUALIFIED from affixing his notarial seal,
Ching. Irregularities were being commissioned as and recording such
present in the execution and notary public. documents in his
authorization of the said deed, Moreover, he is notarial books, without
hence this administrative SUSPENDED from the his knowledge and
complaint. practice of law for 6 consent.
months.
Liang Fuji v. Atty. In a Summary Deportation Respondent isGenerally, the Court
Gemma Armi M. Order, Fuji, a Chinese national, SUSPENDED from the defers from taking
Dela Cruz was ordered deported for practice of law for 3 cognizance of
A.C. No. 11043 | overstaying. Special Prosecutor months. Atty. Dela Cruz disbarment complaints
March 08, 2017 | Dela Cruz brought the formal failed to observe Rule against lawyers in
Leonen, J. charge against Fuji. The Board 18.03 of the Code of the government service
of Commissioners, however, Professional arising from their
dismissed the charge on the Responsibility, which administrative duties,
ground that “the records show mandates that "a lawyer and refers the complaint
that Liang has a working visa shall not neglect a legal first either to the proper
valid until 30 April 2016.” matter entrusted to him, administrative body or
In this administrative complaint, and his negligence in the Ombudsman.
Fuji alleged that Special connection therewith This case is an exception
Prosecutor Dela Cruz failed shall render him liable." due to the termination
miserably in discharging her of the administrative
duties because a simple initial proceedings before the
review of the Bureau of Office of the
Immigration records would have Ombudsman and the
revealed that he was not apparent inaction of the
overstaying. Bureau of Immigration
on the administrative
complaint.
Mapalad, Sr. vs. The Notice of Appeal and Despite non-compliance The Lawyer's Oath in
Echanez Appellants’ Brief filed by with Bar Matter No. Rule 138, Section 3
A.C. No. 10911 | June Echanez, as counsel of the 850, respondent requires commitment to
6, 2017 defendants in a case involving repeatedly indicated a obeying laws and legal
complainant as plaintiff, false MCLE compliance orders, doing no
indicated Echanez’ MCLE number in his pleadings falsehood, and acting
Compliance No. II-0014038 before the trial courts. with fidelity to both
without indicating the date of The respondent also court and client.
issue thereof. Upon inquiry with repeatedly failed to obey
the MCLE Office, complainant legal orders of the trial
discovered that respondent had court, the IBP-CBD,

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CASE FACTS HELD DOCTRINE

no MCLE compliance as and also this Court
required under Bar Matter No. despite due
850. notice. Enchavez is
DISBARRED from the
practice of law.
Murray v. Cervantes Complainant paid respondent a Respondent is The rule excluding civil
A.C. No. 5408 | P80,000 acceptance fee for his suspended from the liability determination
February 7, 2017 legal assistance in the practice of law for 1 year from disciplinary
naturalization of her son, a and 6 months and proceedings "remains
British national. However, three ordered to restitute applicable only to
months passed without complainant the sum of claimed liabilities which
respondent doing “anything P80,000. This amount are purely civil in nature
substantial.” Complainant wrote was delivered to - for instance, when the
respondent to terminate his respondent during claim involves moneys
services and demanded the complainant's received by the lawyer
return of the P80,000. As he engagement of his from his client in a
failed to return the fee, professional services, or transaction separate and
complainant instituted criminal in the context of an distinct [from] and not
proceedings and this complaint attorney-client intrinsically linked to his
against respondent. relationship. This is professional
neither an extraneous engagement." This court
nor purely civil matter. has thus ordered in
administrative
proceedings the return
of amounts representing
legal fees.
Judge Alpajora v. Atty. Calayan filed an Atty. Calayan is guilty of A case for disbarment is
Atty. Calayan administrative complaint after violating the CPR. The not meant to grant relief
January 10, 2018 | J. Judge Alpajora ordered the filing of criminal cases to a complainant as in a
Gesmundo creation of a management against the opposing civil case. While the
committee pending the lawyer is clearly tainted court understands that a
resolution of a civil case, as well with malice. The lawyer must represent
as 18 repetitious and prohibited complaint filed against his cause with zeal, the
pleadings and criminal charges the complainant was same should not go
against the opposing lawyers and based on mere beyond the bounds of
their clients. The administrative allegations and no decency and respect that
complaint was dismissed and a evidence was presented. should be afforded to
counter complaint was filed Respondent also fellow lawyers and the
alleging Atty. Calayan had misrepresented courts.
committed serious and gross provisions of the law to
misconduct, failure to maintain suit his cause and this
respect for the courts, repeated violated the code which
violation of the rules on intra- demands candor from
corporate cases, and knowingly its lawyers. Finally, Atty.
violated the rule against multiple Calayan’s decision to file
actions from the same cause of numerous criminal cases
action runs counter to the
lawyer’s duty to aid in
the speedy disposition
of cases and had
degraded the integrity of
the courts.
Tan v. Atty. Gumba Tan filed a complaint against Respondent is The lifting of a
A.C. No. 9000 | Atty. Gumba for violating the administratively liable suspension order is not
January 10, 2018 Lawyer’s Oath and Canon 1, for engaging in the automatic. It is

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CASE FACTS HELD DOCTRINE

Rule 1.01 and Canon 7 of the practice of law during necessary that there is an
CPR after she misrepresented her suspension. In this order from the Court
herself to the former and for her case, the Court directed lifting the suspension of
dishonesty. She was suspended respondent to comply a lawyer to practice law.
for 6 months by the IBP. Her with the guidelines for
Motion for Reconsideration was the lifting of the
denied. However, she continued suspension order against
to engage in the practice of law her by filing a sworn
by filing pleadings and appearing statement on the matter.
as counsel in courts. Instead, she filed a
complaint against the
OCA, the OBC and a
certain Atty. Paraiso
with the RTC. For
having done so,
respondent violated a
lawful order of the
Court.
Tortona v. Gregorio Petitioners, heirs of their mother The Deed of Sale is void. It is true that notarized
G.R. No. 202612 | Rufina, demanded to know why As a notarized documents are accorded
January 17, 2018 they were not given a share over document, it benefits evidentiary weight as
a land sold by their cousins from the presumption regards their due
which was co-owned by Rufina of regularity. The execution. Nevertheless,
and their aunt Rafaela. The burden of proving that while notarized
cousins alleged that Rufina had thumbmarks affixed on documents enjoy the
sold the land to Rafaela during it by an ostensible party presumption of
her lifetime. Petitioners is false and simulated lies regularity, this
contested the said Deed of on the party assailing its presumption is
Absolute Sale, underscoring that execution. Petitioners disputable. They can be
their mother was illiterate, not successfully discharged contradicted by
even knowing how to write her this burden. evidence that is clear,
own name. They alleged that she convincing, and more
only affixed her thumbmark on than merely
documents, and whenever she preponderant.
did so, she was always assisted
by at least one (1) of her
children.
APOLINAR- Complainant alleges that the Respondent’s penalty A lawyer cannot invoke
PETILO, v. ATTY. respondent consented to, was proper. He knew good faith and good
MARAMOT abetted and participated in the that the donees were intentions as sufficient
A.C. No. 9067 | illegal act of falsifying a public minors, nonetheless, he to excuse him from
January 31, 2018 document in violation of Article still indicated that they discharging his
171 (4) in relation to Article 172 were of legal age. That obligation to be truthful
(2) of the RPC; and that he neither Princess Anne and honest in his
thereby violated the Lawyer's nor Mommayda professional actions.
Oath, Rules 1.01 and 1.02 of acknowledged the deed
Canon 1 and Rule 10.01 of of donation did not cure
Canon 10 of the CPR. The the defect. His defense
public document in question was of good faith, the
the deed of donation executed in donor’s assurance that
favor of Princess Anne and she would procure the
Mommayda who were only 12 signatures of Princess
years old and 16 1/2 years old, Anne’s parents, and that
respectively, at the time of its the execution of the
execution. The IBP Board of deed redounded to the

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CASE FACTS HELD DOCTRINE

Governors resolved to suspend benefit of the minors
respondent from the practice of does not excuse him.
law and revoked his Notarial Moreover, the minors
Commission and disqualified should have also signed
him from reappointment for the deed of donation
two years. themselves along with
their assisting parents or
legal guardians.
DIAMPOC v. Petitioner spouses Diampoc The defective A defective notarization
BUENAVENTURA, filed a Complaint for Annulment notarization of the deed will strip the document
GR No. 200383 | 19 of Deed of Sale and Recovery of does not affect the of its public character
Mar 2018 | J. Del Duplicate OCT with Damages validity of the sale of the and reduce it to a private
Castillo against respondent house. Although Art. instrument.
Bueneventura, alleging that they 1358 of the Civil Code Consequently, when
were tricked into signing the states that the sale of real there is a defect in the
deed which they thought was property must appear in notarization of a
authorization for obtaining a a public instrument, this document, the clear and
bank loan. The lower courts is not essential for the convincing evidentiary
ruled in favor of respondent, validity of the contract standard normally
disregarding the argument that but is simply for its attached to a duly-
the notary public was ‘lax’ in greater efficacy or notarized document is
requiring two community tax convenience, or to bind dispensed with, and the
certificates from the spouses third persons, and is measure to test the
(only one was given) as it does merely a coercive means validity of such
not affect the validity of the granted to the document is
notarized deed. contracting parties to preponderance of
enable them to evidence.
reciprocally compel the
observance of the
prescribed form.
In Re Diuyan Atty. Diuyan notarized a Deed Respondent should not The law applicable prior
Apr. 2, 2018 | J. Del of Partition on July 23, 2003 be held administratively to the effectivity of the
Castillo when one of its signatories had liable. The law 2004 Rules of Notarial
earlier died on August 23, 2001. applicable at the time of Practice – Title IV, Ch.
This was treated by the SC as an the notarization only 11, Art. VII of the
administrative complaint. required the Revised Administrative
Diuyan averred that as Chief presentation of the Code, Sec. 251 – merely
Public Attorney of Mati, Davao CTCs. Respondent required the
Oriental at that time, he enjoyed notarized the document presentation of the
the presumption of regularity on July 23, 2003, prior to CTCs.
and good faith in the discharge the effectivity of the
of his duty. He also narrated that 2004 Rules on Notarial
the parties in the document Practice of which he is
presented their Community Tax being held accountable
Certificates, and that he asked by the IBP.
each of the parties if the
document they presented is true
and correct.
Triol v. Atty. Complainants Triol filed a Respondent is A breach of the said
Agcaoili, Jr. complaint for disbarment administratively liable provision of the 2004
A.C. No. 12011 | June against Atty. Agcaoili on on the for breaching the 2004 Notarial Rules would
26, 2018 ground that he notarized a Notarial Rules and also constitute a
document co-owned by therefore the CPR. He violation of the CPR,
complainants to a certain also violated Rule 1.01, considering that an
Fajardo when they wanted to sell Canon 1 and Rule 10.01 erring lawyer who is

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CASE FACTS HELD DOCTRINE

it to a Caparas. They said they Canon 10 of the CPR. found to be remiss in his
never appeared before Agcaoili By misrepresenting functions as a notary
and neither did they consent to himself as a public is considered to
the sale. Triol also found out commissioned notary have violated his oath as
that the community tax public at the time of the a lawyer as well.
certificates used for the sale were alleged notarization, he
fakes and that he was not even a did not only cause
commissioned notary public for damage to those directly
and within Quezon City in 2012. affected by it, but he
He was recommended the likewise undermined the
penalty of suspension for 2 years integrity of the office of
and disqualification from being a notary public and
commissioned as a notary public degraded the function of
for the same period. notarization.
MALECDAN v. Petitioner Malecdan filed a letter The IBP Board of The language of P.D.
BALDO of complaint for Estafa, Breach Governor were correct 1508 is mandatory in
AC No. 12121 | 27 Jun of Contract and Damages to hold Atty. Baldo barring lawyers from
2018 | J. Caguioa against spouses Baldo, before administratively liable appearing before the
the Lupon of Brgy. Pico. for participating in the Lupon because “...a
Respondent Atty. Baldo, who is Lupon. Atty. Baldo's personal confrontation
the nephew of James Baldo, violation of P.D. 1508 between the parties
appeared as counsel of the thus falls squarely within without the intervention
spouses Baldo during the the prohibition of Rule of a counsel or
hearing on the subject complaint 1.01 of Canon 1 of the representative would
before the Punong Barangay. CPR. Any act or generate spontaneity
Malecdan filed a Complaint- omission that is contrary and a favorable
Affidavit before the IBP praying to, or prohibited or disposition to amicable
that proper sanctions be unauthorized by, or in settlement on the part of
imposed on Atty. Baldo for defiance of, disobedient the disputants.”
violating Sec. 9 of P.D. 1508 to, or disregards the law (Ledesma v. CA).
which states that parties must is unlawful. Unlawful
appear without assistance of conduct does not
counsel. Atty. Baldo claims he necessarily imply the
asked permission from the element of criminality
complainant to participate. although the concept is
broad enough to include
such element.

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U.P. LAW BOC LEGAL ETHICS AND JUDICIAL ETHICS RECENT JURISPRUDENCE

II. JUDICIAL ETHICS

CASE FACTS HELD DOCTRINE
Gamboa- There was an administrative Judge Perez was fined Inexperience and an
Roces v. Perez complaint filed against Judge P10,000 for undue delay in excuse that the delay was
A.M. MTJ-16- Perez, charging her with gross rendering a decision. not intended to prejudice
1887 | Jan. 9, ignorance of the law because he the plaintiffs is not
2017 | J. failed to render judgment on persuasive, since it is the
Mendoza consolidated ejectment cases duty of the judge to resolve
within the 30-day reglementary the cases within the
period provided by law. Even up to reglementary period as
the filing of the complaint against mandated by the law and
him, 10 months later, he still had rules.
not yet submitted the decision on
the case.
Marcelo v. OCA received a complaint for Regardless of the reason or The motives behind the
Judge grave misconduct from PO1 motive behind the filing of an administrative
Barcillano Marcelo against RTC Judge altercation, Judge complaint are
A.M. No. RTJ- Barcillano, alleging that Barcillano, being a irrelevant. That a
16-2450| June complainant and her companion magistrate, should have complaint is alleged to be
7, 2017 were harassed and humiliated by observed judicial instigated or retaliatory is
Judge Barcillano. temperament which not a ground which will
requires him to be always deter the SC from
temperate, patient, and exercising its power to
courteous, both in conduct discipline officers of the
and in language. Rather court.
than giving respect to a
police officer who was on-
duty at the time, Judge
Barcillano, Jr. expressed
mockery and a
condescending attitude, or
with conceited show of
superiority.
Respondent is fined
P10,000 with a stern
warning.
Re: The Office of the Court As the Presiding Judge of Complicity of a judge in
Anonymous Administrator received a letter the Court, Judge Samson the appointment of a
letter complaint charging respondent should have been probationer to the
complaint Judge Samson with misconduct for circumspect and waited for judiciary constitutes gross
versus Samson hiring co-respondent Roque as the final discharge of misconduct.
A.M. No. MTJ- Utility Worker I in her court respondent Roque before
16-1870 | 6 despite knowing that Roque was she entertained his
June 2017 convicted of the crime of illegal application, as it is only
possession of explosives, as she upon the final discharge of
was the public prosecutor who respondent Roque from
handled the case, and for probation that his case is
knowingly abetting the deemed terminated and all
concealment of such fact, which his civil rights lost or
led to Roque's appointment in the suspended are restored.
Judiciary. Her act violates Canon 2 of
the Code of Judicial
Conduct.

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McLaren v. Complainants filed an Respondent's act of not The wearing of robes by
Gonzales administrative complaint against wearing the judicial robe judges during official
A.M. No. MTJ- MTC Judge Gonzales for gross during court sessions is proceedings, which harks
16-1876 | April misconduct in connection with violative of Administrative back to the 14th century, is
26, 2017 civil case Subic International Hotel Circular No. 25 dated June not an idle ceremony. Such
Corporation v. McLaren. One of the 9, 1989. Under Section practice serves the dual
allegations was the non-wearing of 9(4), Rule 140 of the purpose of "heightening]
judicial robes during the hearing. Revised Rules of Court, public consciousness on
Respondent stated that the alleged violation of Supreme the solemnity of judicial
arrogance in the non-wearing of Court rules, directives and proceedings" and of
the judicial robe could not be circulars is considered a impressing upon the judge,
avoided due to the extreme heat, less serious charge and the exacting obligations of
the failing air-conditioning unit punishable with his office.
and the regular daily brownouts. suspension from office
without salary and other
benefits for not less than
one month nor more than
three months, or a fine of
more than P10,00.0.00 but
not exceeding P20,000.00.
Cahanap v. Prosec. Cahanap filed an The OCA aptly found that Supervisory Circular No.
Judge administrative case against Judge show that the sessions in 14 notes that trial courts
Quinones Quinones alleging that the respodent’s court room shall hold daily sessions
January 10, respondent judge had committed commenced between 9AM from Mon-Fri from
2018 | J. Gross Ignorance of the Law, to 10AM but reflected the 8:30AM-12nn and from
Caguioa Gross Misconduct, and had time at 8:30AM. Further, 2PM-4:30PM. Corollary to
violated the Code of Judicial respondent judge failed to this mandate, judges must
Conduct for habitual tardiness and show compassion, be punctual at all times.
disrespect towards lawyers and her patience, courtesy, and The Canons of Judicial
staff. civility as demanded by Ethics enjoin judges to be
Canon 5, Sec. 3, when she punctual as a sign of
caused the assistant city respect to the time of the
prosecutor to cry and litigants, witnesses, and
called her stenographer attorneys.
bobo.
Re: Justice Villarama applied for Whether the tacking of leave If a justice or judge has
Application optional retirement under R.A. credits should be applied to rendered long service in
for Optional 910, as amended by R.A. No. 5095 optional retirees as well? the judiciary, he or she
Retirement and R.A. No. 9946. The Court Yes. The fraction of the must be rewarded even if
Under RA 910, granted Justice Villarama's request five-year period the retirement is optional;
as amended for optional retirement and immediately prior to and the purpose of the law
by RA 5095 approved the payment of Justice Justice Villarama's optional is served no more than it
and RA 9946, Villarama's retirement gratuity and retirement shall also be would be in the case of one
of Associate terminal leave benefits, exclusive included in the who is retired
Justice Martin of the longevity pay component, computation. compulsorily.
S. Villarama, pending the resolution of his Whether the service rendered by
Jr. requests for adjustments to his a member of the judiciary as bar
A.M. No. 15- longevity based on earned leave examiner is credited as part of
11-01-SC | credits and service rendered as a judicial service?
March 6, 2018 bar examiner. No. The regular functions
of the justice or judge and
the service performed as
bar examiner cannot
appropriately be
considered as two

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CASE FACTS HELD DOCTRINE

separable and finite judicial
services if they supposedly
coincide at the same time
or period.
OCA v. Judge In the 2016 audit conducted of the Respondent is It has been previously held
Arreza, MTC MTC of Pitogo, Quezon presided administratively liable for that "[i]n case of poor
Pitogo, over by Judge Arreza, it was found gross inefficiency and health, the Judge
Quezon A.M. that there were 35 overdue pending undue delay in deciding concerned needs only to
No. MTJ-18- cases accumulated throughout the cases. His reasons cannot ask this Court for an
1911 | April 16, years. The Deputy Court excuse him, but at most extension of time to decide
2018 Administrator then issued a can only mitigate his cases, as soon as it
memorandum to Judge Arreza to liability. Unfortunately for becomes clear to him that
immediately decide on 23 cases, him, the Court shares the there would be delay in the
take appropriate action with regard OCA's observation that disposition of his cases."
to one case, expedite the the problems alluded to
disposition of 7 cases which were happened years before the
already 3 years old. Judge Arreza judicial audit was
complied and sent a report to the conducted. Moreover, with
court administrator begging that respect to the cases already
no administrative penalty be submitted for decision but
imposed against him. He proffered not decided within the
up the explanation that his wife prescribed period, Judge
and kids left him in 2010 and that Arreza failed to ask for
he had suffered a stroke in 2012. extension to decide the
same.
REPUBLIC v. The SALNs available on record The failure of the • Both Section 11
SERENO and filed by Sereno were those for respondent to submit of R.A. No. 6713 and
GR No. the years 1985, 1989, 1990, 1991, SALNs to the JBC JBC Section 9 of R.A. No. 3019
237428, 11 May 1993, 1994, 1995, 1996, 1997, voids the nomination and require the
2018, J. Tijam 1998, and 2002, (11 out of 25 appointment of accomplishment and
SALNs). 5 years after her respondent as Chief submission of true,
appointment as Chief Justice, an Justice. , respondent not detailed and sworn
impeachment complaint was filed only failed to substantially statement of assets and
by Atty. Larry Gadon against her comply with the liabilities. Further, under
with the Committee on Justice of submission of the SALNs Section 11 of R.A. No.
the House of Representatives for but there was no 6713, non-compliance
culpable violation of the compliance at all. The JBC with this requirement is
Constitution, corruption, high should no longer have not only punishable by
crimes, and betrayal of public trust. considered respondent for imprisonment and/or fine,
The complaint also alleged that interview as it already it may also result in
respondent failed to make truthful required the submission of, disqualification to hold
declarations in her SALNs. The at least, the SALNs public office.
Republic, through the OSG, filed corresponding to the
the present Petition for the immediately preceding 10
issuance of the extraordinary writ years up to December 31,
of quo warranto to declare as void 2011. Respondent's failure
respondent's appointment as Chief to submit to the JBC her
Justice of the Supreme Court. SALNs for several years
means that her integrity
was not established at the
time of her application
Office of the Respondent’s salary was withheld Respondent is guilty of Clerks of court act as
Court on several occasions (May 2006, gross neglect of duty. OCA custodians of court funds,
Administrator April 2008 and May 2010) for his Circular No. 113-2004’s and as such, they are
failure to submit monthly financial directive is that the required to immediately

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v. Clerk of reports on the Judiciary submission of Monthly deposit the funds which
Court II Calija Development Fund, Special Reports must be done they receive in their official
June 5, 2018 | Allowance Fund (SAJ), and monthly. Calija had been capacity to the authorized
Per Curiam Fiduciary Fund (FF). He explained remiss in complying with government depositories.
that the delay was due to missing this mandate. The various They are mandated to
deposit slips which he only located violations by respondent, timely deposit judiciary
recently. Respondent was charged committed with such collections as well as to
with dereliction of duty. frequency and without submit monthly financial
conscientious regard to reports on the same.
their consequences, and
despite constant reminder
from this Court, are
testament to his gross
negligence.
Atty. Mahinay Atty. Mahinay filed a complaint Respondent is The moment a judge dons
v. Hon. against Judge Daomilas for gross administratively liable for the judicial robe, he is
Daomilas inexcusable negligence and gross undue delay, but not for bound to strictly adhere to
A.M. No. RTJ- ignorance of the law, alleging that gross ignorance of the law and faithfully comply with
18-2527 respondent violated the Interim as there was no finding of his duties delineated under
(Formerly OCA Rules of Procedure for Intra- bad faith. The subject the New Code of Judicial
IPI No. 16- Corporate Controversies when he Order was rendered Conduct for the Philippine
4563-RTJ) | failed to act on the Prayer for TRO beyond the 90-day period Judiciary, particularly Sec.
June 18, 2018 and/or a Writ of Preliminary within which a judge 5, Canon 6 which reads:
Injunction despite the lapse of should decide a case or SEC. 5. Judges shall
more than two (2) years from the resolve a pending matter, perform all judicial duties,
date the matter was submitted for reckoned from the date of including the delivery of
resolution. the filing of the last reserved decisions,
pleading, in accordance efficiently, fairly and with
with Sec. 15, par. (1) and reasonable promptness.
(2), Art. VIII of the 1987
Constitution.
RE: Primo, retired Sheriff of RTC The petition for clemency Guidelines in resolving
DECEITFUL Sorsogon, gave P34,000 to should not be granted. requests for judicial
CONDUCT petitioner Del Rosario, a Cash Being an active member in clemency:
OF IGNACIO Clerk of the Office of the Court his barangay and Parish 1. There must be proof of
S. DEL Administrator so that Del Rosario Lay Ministry does not remorse and reformation.
ROSARIO could process Primo’s retirement necessarily show true xxx
AM No. 2011- papers with the Court. Petitioner repentance and 2. Sufficient time must
05-SC | 19 Jun misrepresented that the papers reformation, considering have lapsed from the
2018 | J. Carpio were taking too long with GSIS, that what is at stake is the imposition of the penalty
when they haven’t even been integrity of the Judiciary. to ensure a period of
processed with the Court yet. Moreover, petitioner reformation.
Petitioner had allegedly likewise failed to present 3. The age of the person
misappropriated the money by any evidence to asking for clemency must
spending it on his child’s demonstrate his promise show that he still has
hospitalization. Primo wrote a and potential for public productive years ahead of
letter complaint to the OCA. In service. him that can be put to
petitioner’s comment, he claimed good use by giving him a
he had paid Primo the money he chance to redeem himself.
misappropriated, and Primo 4. There must be a
manifested that he no longer showing of promise x x x
desired to continue his complaint. as well as potential for
The Court still found him guilty of public service.
serious dishonesty and conduct 5. There must be other
prejudicial to the best interest of relevant factors and

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the service. Petitioner filed a letter circumstances that may
requesting for clemency. justify clemency.
RE In February 2018, Acting Presiding Sumangil's prolonged Section 107 (a) (1), Rule 20
DROPPING Judge of the Pasay RTC wrote the unauthorized absences of the 2017 Rules on
FROM THE OCA that Sumangil has been caused inefficiency in the Administrative Cases* in
ROLLS OF absent without official leave since public service as it the Civil Service authorizes
MR. Dec. 2017. The records of the disrupted the normal the dropping from the rolls
FLORANTE Employees' Leave Division show functions of the court, and of employees who have
B. that Sumangil has not submitted in this regard, contravened been continuously absent
SUMANGIL, his Daily Time Record (DTR) his duty as a public servant without official leave for at
CLERK since December 27, 2017 up to the to serve with the utmost least thirty (30) working
III, RTC OF present or filed any application for degree of responsibility, days, without the need for
PASAY CITY leave. OCA recommended that: (a) integrity, loyalty, and prior notice.
June 20, 2018 | Sumangil's name be dropped from efficiency. Nevertheless,
Perlas-Bernabe the rolls effective December 1, dropping from the rolls is
2017 for having been AWOL; (b) non-disciplinary in nature,
his position be declared vacant; and thus, Sumangil's
and (c) he be informed about his separation from the service
separation from the service but he shall neither result in the
may still receive benefits which he forfeiture of his benefits
may have been entitled to. nor disqualification from
reemployment in the
government.
Atty. Tacorda Complainants filed a complaint The respondent is not The Constitution clearly
v. Judge against respondent judge for Gross guilty of gross ignorance of provides that all lower
Cabrera-Faller Ignorance of the Law, Gross the law as there was no courts should decide or
June 27, 2018 | Inefficiency, Delay in the allegation or mention of resolve cases or matters
J. Carpio Administration of Justice, and any bad faith, fraud, within three months from
Impropriety. When the parties in dishonesty, and corruption the date of submission.
the case Salvilla v. Dumdum were committed by respondent. Moreover, Section 5,
required to submit their pre-trial Respondent is however Canon 6 of the New Code
briefs, the initial judge inhibited guilty of gross inefficiency of Judicial Conduct
from the case and it was and delay in the provides: Sec. 5. Judges
subsequently raffled to the sala of administration of justice shall perform all judicial
Judge Cabrera-Faller. The case was for failure to promptly act duties, including the
then set for pretrial, however, it on the Motion filed by the delivery of reserved
was found that the case had already Spouses Dumdum. Since decisions, efficiently, fairly
been referred for mediation, respondent judge had and with reasonable
prompting the trial court to already been dismissed promptness.
suspend the proceedings until from service in another Section 9, Rule 140 of the
receipt of the Mediator's Report. case, the amount P20,000, Revised ROC punished
Meanwhile, plaintiffs in that case shall be deducted from undue delay in rendering a
belatedly filed their pre-trial brief. whatever amount may still decision or order by: 1)
This prompted Tacorda and be due Judge Cabrera- Suspension from office
Dumdum to file a Motion to Faller. without salary and other
Expunge plaintiff’s pre-trial brief. benefits for not less than
Two years after the Motion was one nor more than three
filed, respondent Judge denied the months; or 2) A fine of
motion and set the case for pre- more than P10,000.00 but
trial conference. This delay not exceeding P20,000.00.
prompted the complainants to file
the complaint.

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