Facts:

The case involves Leonardo B. Babatio, the Municipal Mayor of Motiong, Samar, as the complainant against Jose Z. Tan, the former Municipal Circuit Trial Court Judge of Motiong-Jiabong-San Jose de Buan, Samar. The events leading to this case began with an administrative complaint filed against Judge Tan, which culminated in a decision by the Supreme Court on November 26, 1981, ordering his dismissal from service for serious misconduct. This decision included the forfeiture of all retirement benefits and a prohibition against reinstatement in any government position. The recommendation for this severe penalty was made by then Deputy Court Administrator Arturo Buena, who disagreed with the initial suggestion of merely reprimanding Judge Tan.

Following the dismissal, Judge Tan filed a motion for reconsideration on January 14, 1982, which led to a re-evaluation of the case. Although Deputy Court Administrator Buena later recommended modifying the dismissal to a lesser penalty, ...

Facts:

Background of the Case:

• Respondent Judge Jose Z. Tan was dismissed from service on November 26, 1981, for serious misconduct. The penalty included forfeiture of all retirement benefits and disqualification from holding any government position.

Motion for Reconsideration and Recommendation:

• On January 14, 1982, Judge Tan filed a motion for reconsideration. Deputy Court Administrator Arturo Buena recommended modifying the penalty to a lesser one, but no action was taken due to lack of time.

Subsequent Motions and Indorsements:

• On May 31, 1983, the motion for reconsideration was denied without referencing Buena’s recommendation.
• On April 30, 1986, Judge Tan filed a Motion for Lifting of Disqualification and Forfeiture of Benefits, which was denied on May 27, 1986.
• On November 5, 1986, Judge Tan applied for executive clemency to President Corazon C. Aquino, which was indorsed to the Court on June 8, 1987.
• On March 28, 1988, Judge Tan filed a Motion for Resolution on Court Administrator’s Recommendation to Modify the Dismissal to a Lesser Penalty.

Nature of the Charges:

• The charges against Judge Tan included politically motivated actions, such as engaging in partisan politics during barangay elections and making derogatory remarks about the mayor and former President Marcos.

Issue:

1. Whether the penalty of dismissal imposed on Judge Tan should be modified to a lesser penalty based on the recommendation of the Deputy Court Administrator.
2. Whether the charges against Judge Tan were sufficiently serious to warrant dismissal from service.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)