This case has been cited 3 times or more.
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2008-01-31 |
QUISUMBING, J. |
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| In addition, the OCA called our attention to four other cases where the penalties we imposed varied from a fine of P2,000,[13] P20,000[14] and P40,000,[15] to suspension for three months without pay.[16] | |||||
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2006-01-23 |
QUISUMBING, J. |
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| While respondent was previously fined in the amount of P21,000 in Español v. Judge Mupas, [22] and recently suspended for three months in our Resolution of June 8, 2005, in Loss of Court Exhibits at MTC-Dasmariñas, Cavite, [23] we note that the instant case involves acts committed much earlier than the acts involved in those two cases. Hence, although her violation remains inexcusable, respondent is not an incorrigible third-time offender who deserves a penalty that is stiffer than that last imposed. We likewise consider that respondent did not act with malice, bad faith or corrupt motives and that there is here an absence of any serious damage to the complainants. Thus, the penalty of three months suspension without salaries and benefits with the additional penalty of fine in the maximum amount of P40,000 appears too severe. We therefore modify the same and remove the monetary component of P40,000 fine, but give respondent a stern warning that the commission of the same, or similar acts will be dealt with more severely, even by dismissal if warranted. | |||||
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2005-08-09 |
QUISUMBING, J. |
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| Further, respondent has been penalized for acts, which, although committed much later than the act subject of this case, showed that she lacks the necessary competence required of every magistrate. On November 11, 2004, in Español v. Judge Mupas,[16] respondent was meted a fine of P21,000 for violation of the Code of Judicial Conduct and gross ignorance of the law. In that case, respondent ordered the arrest of the accused in six criminal cases before the expiration of the ten-day period she gave them to file their counter-affidavits and without any finding of probable cause. Again, on June 8, 2005, in Loss of Court Exhibits at MTC-Dasmariñas, Cavite,[17] respondent was suspended for three months for gross misconduct and gross ignorance of the law. In that case, respondent refused to turn over to the National Bureau of Investigation (NBI) for ballistics examination a firearm that a court employee surreptitiously took from the court's steel cabinet and used to commit suicide. We likewise found respondent grossly ignorant of the provisions of Section 5, Rule 112 of the Rules of Criminal Procedure, which requires her to transmit to the provincial prosecutor her resolution of the case within 10 days after the preliminary investigation. Considering that respondent has thrice exhibited deplorable ignorance of truly elementary rules of procedure, we deem it proper to suspend her for three months without salary and benefits and to also impose on her the maximum fine of P40,000, as the penalty provided in Rule 140. | |||||