Case Digest (A.M. No. RTJ-11-2286)
Facts:
Provincial Prosecutor Jorge D. Baculi v. Judge Medel Arnaldo B. Belen, A.M. No. RTJ-11-2286 (formerly OCA IPI No. 09-3291-RTJ), February 12, 2020, First Division, Lazaro-Javier, J., writing for the Court.In a verified complaint dated October 22, 2009, Prosecutor Baculi alleged that Judge Belen had been suspended by the Supreme Court in A.M. No. RTJ-09-2176 for six months without salary or benefits for gross ignorance of the law, that the suspension became executory upon respondent’s receipt of the Court’s decision (served on or about May 25, 2009), and that Judge Belen nevertheless received monthly allowances from the Office of the City Treasurer of Calamba City for June and July 2009. Baculi asserted that the receipt of such honoraria was illegal and urged accountability for disobedience of this Court’s order and the principle of “no work, no pay.”
On October 28, 2009, Prosecutor Baculi filed a “New/Additional Complaint” attaching payroll excerpts, a special power of attorney authorizing one Eliodoro J. Logo to receive the monthly allowance on Judge Belen’s behalf, and correspondence with provincial offices questioning the legality of the payments. Judge Belen filed a general denial (letter dated April 28, 2010, received by the Office of the Court Administrator on June 17, 2010), denying any illegal acts or disobedience.
The Office of the Court Administrator (OCA), by memorandum dated April 13, 2011, found sufficient proof that respondent illegally received benefits during his suspension and recommended the administrative complaints be re‑docketed as a regular administrative matter and that Judge Belen be dismissed from the service with forfeiture of retirement and other benefits, except accrued leave credits, and with prejudice to re‑employment. On June 13, 2011, the Court noted the pleadings, re‑docketed the matter as a regular administrative case, and required the parties to state whether they would submit the case for decision on the basis of the records; Prosecutor Baculi agreed.
Judge Belen moved instead for consolidation with other administrative cases filed by Prosecutor Baculi, arguing commonality of issues; Baculi opposed, asserting consolidation was a dilatory tactic. By Resolution dated June 18, 2012, the C...(Pro-only)
Issues:
- Is respondent Judge Medel Arnaldo B. Belen administratively liable for receiving allowances from local government units during the period of his suspen...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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