Case Digest (A.M. No. RTJ-08-2138)
Facts:
In A.M. No. RTJ-08-2138 (612 Phil. 737; July 5, 2010), complainant Olga M. Samson filed on July 18, 2006 an administrative complaint against Judge Virgilio G. Caballero of the Regional Trial Court, Branch 30, Cabanatuan City, Nueva Ecija, for dishonesty and falsification of a public document. Samson alleged that Caballero lacked the constitutional qualifications of proven competence, integrity, probity and independence under the 1987 Constitution (Art. VIII, Sec. 7[3]); and that he violated the Rules of the Judicial and Bar Council (JBC) by failing to disclose pending administrative charges, thus evading disqualification under Rule 4, Sec. 5 of the JBC Rules. On July 23, 2003, Samson, representing Community Rural Bank of Guimba, Inc., filed administrative and criminal charges with the Office of the Ombudsman for grave abuse of authority, conduct prejudicial to the service and violation of Article 208 of the Revised Penal Code against then–public prosecutor Caballero. The Ombuds
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Case Digest (A.M. No. RTJ-08-2138)
Facts:
- Administrative Complaint and JBC Nomination
- Olga M. Samson filed an administrative complaint on July 18, 2006 against Judge Virgilio G. Caballero for lack of “proven competence, integrity, probity and independence” and for allegedly violating Judicial and Bar Council (JBC) rules by having pending administrative charges during his nomination.
- Charges for grave abuse of authority, conduct prejudicial to public service and violation of Article 208, RPC were filed before the Ombudsman on July 23, 2003.
- Ombudsman Dismissal and Court of Appeals Proceedings
- On March 24, 2004 the Ombudsman dismissed both criminal and administrative charges; a motion for reconsideration was denied on September 30, 2004.
- Samson filed a petition for review in the Court of Appeals (CA) on October 28, 2004. On November 25, 2005 the CA held that criminal appeals from the Ombudsman go directly to the Supreme Court, but reversed the Ombudsman’s dismissal of administrative charges and directed their prosecution.
- JBC Interviews and Appointment
- While the CA petition was pending, Caballero underwent JBC interviews from February to August 2005.
- He was appointed RTC Judge of Branch 30, Cabanatuan City on August 25, 2005. Samson alleged he never disclosed the pending charges during interviews.
- Personal Data Sheet and OCA Findings
- On March 21, 2006 Caballero filed a Personal Data Sheet (PDS) in which he answered “No” to “Have you ever been formally charged?”
- The Office of the Court Administrator (OCA) found him administratively liable for dishonesty and falsification of an official document, recommending dismissal with forfeiture of benefits (except accrued leave) and ineligibility for reemployment.
Issues:
- Did Judge Caballero’s false answer in his March 21, 2006 PDS constitute dishonesty and falsification of an official document?
- Did Caballero’s alleged nondisclosure of pending administrative charges to the JBC disqualify him from nomination and appointment?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)