This case has been cited 6 times or more.
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2015-02-24 |
PERALTA, J. |
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| Petitioners' contentions have no leg to stand on. While there is a constitutional mandate stating that "[no] decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based,"[179] such provision does not apply in Cadet 1CL Cudia's case. Neither Guzman nor Andrews require a specific form and content of a decision issued in disciplinary proceedings. The Honor Code and Honor System Handbook also has no written rule on the matter. Even if the provision applies, nowhere does it demand that a point-by-point consideration and resolution of the issues raised by the parties are necessary.[180] What counts is that, albeit furnished to him late, Cadet 1CL Cudia was informed of how it was decided, with an explanation of the factual and legal reasons that led to the conclusions of the reviewing body, assuring that it went through the processes of legal reasoning. He was not left in the dark as to how it was reached and he knows exactly the reasons why he lost, and is able to pinpoint the possible errors for review. | |||||
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2014-06-09 |
BERSAMIN, J. |
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| The filing of administrative complaints or just the threats of the filing of such complaints do subvert and undermine the independence of the Judiciary and its Judges. Thus, the Court does not tolerate unwarranted administrative charges brought against sitting magistrates in respect of their judicial actions. Moreover, as the Court pointedly observed in Re: Verified Complaint of Engr. Oscar L. Ongjoco, Chairman of the Board/CEO of FH-GYMN Multi-Purpose and Transport Service Cooperative, against Hon. Juan Q. Enriquez, Jr., Hon. Ramon M. Bato, Jr. and Hon. Florito S. Macalino, Associate Justices, Court of Appeals,[9] to wit: It is evident to us that Ongjoco's objective in filing the administrative complaint was to take respondent Justices to task for the regular performance of their sworn duty of upholding the rule of law. He would thereby lay the groundwork for getting back at them for not favoring his unworthy cause. Such actuations cannot be tolerated at all, for even a mere threat of administrative investigation and prosecution made against a judge to influence or intimidate him in his regular performance of the judicial office always subverts and undermines the independence of the Judiciary. | |||||
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2014-03-11 |
BERSAMIN, J. |
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| Moreover, AMALI's allegations directly attacked the validity of the proceedings in the CA through an administrative complaint. The attack in this manner reflected the pernicious practice by disgruntled litigants and their lawyers of resorting to administrative charges against sitting judges instead of exhausting all their available remedies. We do not tolerate the practice. In Re: Verified Complaint of Engr. Oscar L. Ongjoco, Chairman of the Board/CEO of FH-GYMN Multi-Purpose and Transport Service Cooperative, against Hon. Juan Q. Enriquez, Jr., Hon. Ramon M. Bato, Jr. and Hon. Florito S. Macalino, Associate Justices, Court of Appeals,[18] we emphatically held that the filing of administrative complaints or even threats of the filing subverted and undermined the independence of the Judiciary, to wit:It is evident to us that Ongjoco's objective in filing the administrative complaint was to take respondent Justices to task for the regular performance of their sworn duty of upholding the rule of law. He would thereby lay the groundwork for getting back at them for not favoring his unworthy cause. Such actuations cannot be tolerated at all, for even a mere threat of administrative investigation and prosecution made against a judge to influence or intimidate him in his regular performance of the judicial office always subverts and undermines the independence of the Judiciary. | |||||
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2013-12-10 |
BRION, J. |
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| In Re: Verified Complaint of Engr. Oscar L. Ongjoco, etc.,[9] we cited a litigant in indirect contempt of court for his predisposition to indiscriminately file administrative complaints against members of the Judiciary. We held that this conduct degrades the judicial office, interferes with the due performance of their work for the Judiciary, and thus constitutes indirect contempt of court. Applying this principle to the present case, we hold that Atty. Adaza's acts constitute an improper conduct that tends to degrade the administration of justice, and is thus punishable for indirect contempt under Section 3(d), Rule 71 of the Rules of Court. | |||||
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2013-07-02 |
BERSAMIN, J. |
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| Moreover, in Re: Verified Complaint of Engr. Oscar L. Ongjoco, Chairman of the Board/CEO of FH-Gymn Multi-Purpose and Transport Service Cooperative, against Hon. Juan Q. Enriquez, Jr., Hon. Ramon M. Bato, Jr. and Hon. Florito S. Macalino, Associate Justices, Court of Appeals,[16] the Court ruminates: In this regard, we reiterate that a judge's failure to correctly interpret the law or to properly appreciate the evidence presented does not necessarily incur administrative liability, for to hold him administratively accountable for every erroneous ruling or decision he renders, assuming he has erred, will be nothing short of harassment and will make his position doubly unbearable. His judicial office will then be rendered untenable, because no one called upon to try the facts or to interpret the law in the process of administering justice can be infallible in his judgment. Administrative sanction and criminal liability should be visited on him only when the error is so gross, deliberate and malicious, or is committed with evident bad faith, or only in clear cases of violations by him of the standards and norms of propriety and good behavior prescribed by law and the rules of procedure, or fixed and defined by pertinent jurisprudence. | |||||
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2012-09-24 |
VELASCO JR., J. |
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| Time and again, We have stressed that disciplinary proceedings and criminal actions brought against a judge in relation to the performance of his or her official functions are neither complementary nor suppletory to the appropriate judicial remedies. They are also not a substitute to such remedies. Any party who may feel aggrieved should resort to these remedies, and exhaust them, instead of resorting to disciplinary proceedings and criminal actions.[26] | |||||