A.M. No. MTJ-92-687 – ENGR. EDGARDO C. GARCIA, complainant, vs. JUDGE MELJOHN DE LA PEÑA, Municipal Circuit Trial Court, Caibiran-Culaba, Leyte (Acting Judge, Municipal Trial Court, Naval, Leyte), respondent.
REYES, R.T., J.
Facts
Judge Romillo, Jr. was a judge of CFI. On 1986, he was dismissed (with prejudice to reinstatement in government service, including government-owned and/or controlled corporations) from service for having acted in bad faith in awarding excessive and unjustifiable damages to the plaintiffs. His retirement benefits and privileges are forfeited as a result.
In 1986, upon motion of Maripaz, the forfeiture is modified allowing him to enjoy all vacation and sick leave benefits that he has earned during the period of his government service. But these were all exhausted. Maripaz moved to reconsider but this was denied.
In 1987, petitioner filed a petition to lift the penalties praying that he be allowed to benefit from disability retirement under Republic Act No. 910. This was again denied.
In 1991, petitioner filed a petition for judicial clemency. This was denied.
In 1994, the Court denied another motion by Maripaz, despite alleging that her father suffered stroke twice, with admission of guilt.
The petitioner then sought executive clemency from the President. The Executive Secretary granted his request but limiting to the reinstatement of the retirement benefits due him under the law. Senate Secretary Leynes forwarded the decision to the Court for action. The Court denied (see substantive issue below).
In 2003, the Office of the Chief Justice received a letter from Maripaz pleading for forgiveness. It appears that Fr. Ranhilio C. Aquino of the PHILJA requested the assistance of the Court Administrator in order that petitioner may receive his retirement benefits.
In 2003, the Court finally granted judicial amnesty to Judge Romillo. The dispositive reads:
It is therefore respectfully recommended that the Court (a) GRANT clemency to Judge Manuel V. Romillo, Jr., and (b) MODIFY the dispositive portion of the Decision of 10 June 1986, as amended by the Resolution of 12 August 1986, by granting him gratuity or financial assistance of two hundred thousand pesos [P200,000.00] or twenty-five (25%) of the amount that he would have been entitled had he retired regularly, whichever is higher.
The Court further RESOLVED, for humanitarian reasons and in the highest interest of justice and compassion, and as an act of clemency, to approve the recommendation of Atty. Diño to grant petitioner MANUEL V. ROMILLO financial assistance or gratuity of Two Hundred Thousand Pesos (P200,000), or twenty-five percentum (25%) of the amount that he would have been entitled to had he retired regularly, whichever is higher. The amount herein involved shall be charged against the savings of the Lower Court.
Issue
May the President grant executive clemency to officials and employees of the Judiciary?
Ruling and Discussion
No. The President may not grant executive clemency to officials and employees of the Judiciary. The request of the Senate Secretary effecting the executive clemency was denied.
The Court’s control and supervision over all officials and employees of the Judiciary is plenary and absolute. The Sanctions for erring Justices and Judges of the Court is found in Rule 140 of the Rules of Court regarding the discipline of Justices and Judges, as amended.
SEC.11.Sanctions. – A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:
1) Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued eave credits;
2) Suspension from office without salary and other benefits for more than three (3) but not more than six (6) months; or
3) A fine of more than P20,000.00 but not exceeding P40,000.00
x x x
Dispositive
WHEREFORE, premises considered, the Court resolves to AMEND the dispositive portion of its Resolution of February 9, 1994 to read as follows: “ACCORDINGLY, respondent Judge Meljohn de la Peña (Acting Judge of the Municipal Trial Court of Naval, Leyte) of the Municipal Circuit Trial Court of Caibiran-Culaba, Leyte is hereby DISMISSED from the service with forfeiture of all benefits and with prejudice to reinstatement or reappointment to any public office, including government-owned or controlled corporations. He may, however, enjoy all vacation and sick leave benefits that he earned during the period of his government service.
The Fiscal Management and Budget Office is ordered to compute and immediately release those leave benefits to him.” [Revision italicized]
This Resolution is immediately executory.