Case Digest (A.M. No. RTJ-99-1486)
Facts:
Office of the Court Administrator, Complainant, v. Judge Ismael Sanchez y Balais, Regional Trial Court, Lucena City, Respondent, A.M. No. RTJ-99-1486, June 26, 2001, the Supreme Court En Banc, Per Curiam.On 25 June 1999 the Chief Justice received an anonymous letter (dated 17 June 1999) from a “Group to Clean the Judiciary of Lucena City” accusing Judge Ismael B. Sanchez of using a car that had been the subject of an anti-carnapping criminal case in his sala. The Chief Justice indorsed the letter to the Office of the Court Administrator (OCA) for appropriate action. Pursuant thereto, Justice Narciso T. Atienza (Ret.), a consultant of the OCA, made a discreet inquiry during on-the-spot audits of RTC Lucena branches; his report led the Court Administrator to recommend that the Atienza Report be treated as an administrative complaint, that the case be docketed as an administrative matter, that Judge Sanchez be required to comment, and that the matter be assigned to a Court of Appeals justice for investigation, report and recommendation.
Judge Sanchez filed a Comment (received 19 November 1999). By resolution dated 21 September 1999 the Court referred the matter to Associate Justice Mercedes Gozo-Dadole of the Court of Appeals to investigate and submit a report and recommendation. After investigation and hearings (including a preliminary conference of 22 September 2000 and testimony on 22 January 2001), Justice Dadole submitted a Report and Recommendation dated 21 March 2001 summarizing the factual matrix: a car (a gray Toyota Corolla, engine and chassis numbers tampered) involved in Criminal Case No. 96-460, People v. SPO4 Rim Mulbog y Morales, was provisionally dismissed on 28 October 1996 and, pursuant to court orders in late 1996, the process server Mr. Jose D. Lopez received custody of the vehicle. The investigating report and later proceedings showed that the vehicle remained in the process server’s custody and use for about a year; thereafter Judge Sanchez admitted he took custody (December 1997 onward), allowed its use for court-related purposes, and later sent it to storage in Metro Manila. He denied personal use and invoked custodia legis and safekeeping as his motive; he also produced receipts and asserted he later turned the car over to PNP on 12 November 2000.
The Investigating Justice found Judge Sanchez guilty of gross misconduct and recommended suspension for six months without pay. The OCA urged a more severe...(Pro-only)
Issues:
- Is Judge Ismael Sanchez y Balais guilty of gross or serious misconduct for taking custody of and permitting the use of a vehicle that was the subject of a criminal (anti-carnapping) case after the court provisionally dismiss...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)