February 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected February 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Court personnel; administrative complaint; effect of resignation. Respondent Nuñez has filed his resignation on September 5, 2008, which was subsequently accepted by the Court, subject to the usual clearance requirements and without prejudice to the continuation of the proceedings in the instant administrative case.  Nonetheless, the fact of his resignation and our approval thereof does not render moot the complaint against him.  Our jurisdiction over him is not lost by the mere fact that he resigned during the pendency of the case.  To deprive the Court of authority to pronounce his innocence or guilt of the charges is undoubtedly fraught with injustices and pregnant with dreadful and dangerous implications. What would prevent a corrupt and unscrupulous government employee from committing abuses and other condemnable acts knowing fully well that he would soon be beyond the pale of the law and immune to all administrative penalties?  Resignation should be used neither as an escape nor as an easy way out to evade administrative liability by court personnel facing administrative sanction. If only for reasons of public policy, the Court must assert and maintain its jurisdiction over members of the judiciary and other officials under its supervision and control for acts performed in office which are inimical to the service and prejudicial to the interests of litigants and the general public. If innocent, respondent official merits vindication of his name and integrity as he leaves the government which he served well and faithfully; if guilty, he deserves to receive the corresponding censure and a penalty proper and imposable under the situation.  Judge Delia P. Noel-Bertulfo, Municipal Trial Court, Palompon, Leyte vs. Fyndee P. Nuñez, Court Aide, Municipal Trial Court, Palompon, Leyte, A.M. No. P-10-2758, February 2, 2010.

Continue reading

Advertisements