Title
Boquiren vs. Del Rosario-Cruz
Case
A.M. No. MTJ-94-894
Decision Date
Jun 2, 1995
Atty. Boquiren filed an administrative complaint against Judge Cruz, Atty. Gatdula, and Atty. Bactad for alleged misconduct and partiality in an ejectment case. The Court dismissed the complaint without prejudice, citing pending appeal, and reprimanded Boquiren for disrespectful language.
administrative complaint
judge
clerk of court
A

Case Digest (A.M. No. MTJ-94-894)

Facts:

  • Background of the Civil Case No. 111
    • The case titled Alex Boquiren, et. al. vs. Mariano Gutierrez involved an ejectment and damages action.
    • Atty. Felixberto N. Boquiren served as counsel for the plaintiff, while Atty. Saturnino V. Bactad, who was also the incumbent vice-governor of the province, represented the defendant.
    • The case was docketed before the Municipal Trial Court (MTC) in San Antonio, Zambales, where Judge Emperatriz del Rosario-Cruz presided and Atty. Melinda D. Gatdula acted as the clerk of court.
  • Filing and Nature of the Administrative Complaint
    • On July 5, 1993, Atty. Boquiren filed an administrative complaint against:
      • Judge Emperatriz del Rosario-Cruz for alleged misconduct, partiality, serious nonfeasance, culpable dereliction of duty, and ignorance of the law in handling Civil Case No. 111.
      • Atty. Melinda D. Gatdula for similar conduct regarding her role as clerk of court.
    • Additionally, Atty. Boquiren charged Atty. Saturnino V. Bactad with:
      • False representation regarding the admissibility of a motion to dismiss under the Revised Rule on Summary Proceedings.
      • Employing a scheme intended to defeat the proper application of the procedural rule.
  • Subsequent Developments in the Administrative Proceedings
    • On January 26, 1994, the Court dismissed the administrative complaint without prejudice to the possibility of refiling, noting that the underlying issues were already on appeal in the Regional Trial Court (RTC), Branch 70 of Iba, Zambales.
    • On February 18, 1994, Atty. Boquiren filed a motion for reconsideration of the initial dismissal.
    • The Court, on March 2, 1994, dismissed the complaint for failure to be verified and for the lack of a prima facie case against Atty. Gatdula.
    • A second motion for reconsideration was subsequently filed on March 26, 1994, which was also found devoid of merit.
  • Connection with the Appeal and Incidents Raised
    • The administrative complaint is intrinsically linked to Civil Case No. 111, which is now on appeal before the RTC including all incidents from the original filing on June 5, 1992 up to the MTC Decision on February 26, 1993.
    • In his twenty-six page appeal statement, Atty. Boquiren elaborated in detail — over twenty pages — on incidents and perceived judicial improprieties involving Judge Cruz, Atty. Gatdula, and Atty. Bactad.
    • The issues raised in the administrative complaint mirror those presented in the appeal, concerning alleged misrepresentations, procedural errors, and judicial misconduct.
  • Observations on Judicial Conduct and Professional Responsibility
    • The Court underscored that the allegations concerning judicial errors were predominantly errors of judgment which can be remedied through the proper appellate process.
    • It was emphasized that, in the absence of fraud, dishonesty, or corruption, a judge’s erroneous decision in a judicial capacity should not be the basis for disciplinary action.
    • The excessive and inflammatory language employed by Atty. Boquiren in his motions — including terms such as “highly questionable,” “a classic arbitrarily concluded resolution,” “a glaring violation of the Canons of Judicial Ethics,” and “BRAZEN LIE and MOCKERY OF JUSTICE” among others — was noted and criticized for its potential to undermine the integrity of the judiciary.
    • Atty. Boquiren was reminded of his duty as a lawyer to maintain respect due to the courts and its officers, as mandated by Canon 11 of the Code of Professional Responsibility.
  • Final Orders Rendered
    • The motions for reconsideration were summarily dismissed as being without merit.
    • The administrative complaint was dismissed without prejudice, allowing for the possibility of refiling after resolution of the appeal in Civil Case No. 111.
    • Atty. Boquiren was ordered to explain within five (5) days why he should not be cited for contempt and/or subjected to disciplinary action.

Issues:

  • Jurisdictional and Procedural Issues
    • Whether the subject administrative complaint can be properly entertained independent of the ongoing appeal in Civil Case No. 111.
    • Whether the issues alleged in the administrative complaint are inherently part of the judicial process and should be exclusively resolved via the appeal rather than through an independent administrative proceeding.
  • On the Substance of the Alleged Misconduct
    • Whether the alleged acts of misconduct, partiality, nonfeasance, culpable dereliction of duty, and erroneous application of summary procedure by Judge Cruz and Atty. Gatdula warrant separate administrative sanctions.
    • Whether Atty. Bactad’s alleged false representation and employment of a contrived scheme to defeat procedural rules merit administrative action.
  • Implications of Excessive Rhetoric in Judicial Criticism
    • Whether the inflammatory language used by Atty. Boquiren in his motions for reconsideration constitutes a breach of his professional responsibility.
    • The extent to which such language might be deemed as undermining the integrity and decorum of the judicial process.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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