Case Digest (G.R. No. 229680)
Facts:
Myra M. Alintana de Pacete v. Judge Josefino A. Garillo, A.M. No. MTJ-03-1473 (Formerly OCA IPI No. 01-1153-MTJ), July 11, 2005, Supreme Court En Banc, Per Curiam. The Office of the Court Administrator (OCA) initiated administrative proceedings charging respondent Judge Josefino A. Garillo of the Municipal Circuit Trial Court, Calintaan, Occidental Mindoro, with dishonesty, violation of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), and breach of the Code of Judicial Conduct.In 1994 Ricardo Pacete mortgaged three hectares of agricultural land to his daughter-in-law Kemimakrin V. Pacete with a five-year redemption condition. As redemption approached, Ricardo lacked funds; Myra Alintana de Pacete advanced P47,000 (P40,000 from Salvacion United Farmer’s Cooperative and P7,000 of her own) to redeem the land. Kemimakrin refused the P47,000 claiming she had earlier satisfied a prior mortgage. After Katarungang Pambarangay proceedings, the parties received certification to file a civil action.
On May 31, 2000 Ricardo filed Civil Case No. 76 (tender of payment and consignation) before respondent. Complainant alleged that respondent required her to deposit the P47,000 with him at his residence so he could issue summons; she complied. After pleadings, respondent demanded an additional P31,000, which complainant likewise furnished through Ricardo, bringing the total deposited with respondent to P78,000. Respondent, however, failed to deliver or consign the funds to the opposing party or to have them deposited as required.
Respondent admitted receipt of the P78,000 but claimed loss by theft at a gasoline station and said he had inquired only of the sales clerk; he did not file a police report. He wrote several letters to complainant acknowledging receipt and promising repayment, attributing the nonpayment to alleged theft. The OCA, in a November 22, 2002 report, found respondent liable for violating Supreme Court Circular No. 50-95...(Subscriber-Only)
Issues:
- Did respondent Judge Josefino A. Garillo violate Supreme Court Circular No. 50-95, the Code of Judicial Conduct, and related standards of public accountability by receiving and failing to properly deposit or account for P78,000 entrusted to him in connection with Civil Case No. 76?
- If so, what penalty is appropriate...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)