Facts:

The case at hand involves Senior State Prosecutor Emmanuel Y. Velasco as the petitioner and Judge Adoracion G. Angeles as the respondent. The events transpired before the Supreme Court of the Philippines, with the ruling dated September 6, 2010. Judge Angeles was the presiding judge of the Regional Trial Court (RTC) of Caloocan City, Branch 121, until her retirement on May 23, 2010. The complaint against Judge Angeles was initiated by Prosecutor Velasco, who accused her of violating Supreme Court Circulars, the Canons of Judicial Ethics, and the Code of Judicial Conduct. The specific accusations included unauthorized practice of law, multiple unauthorized absences, and falsification of certificates of service.

The charges stemmed from allegations that Judge Angeles actively participated as a private complainant in Criminal Case No. 04-230908 in the Manila RTC, appearing in court without having filed the necessary leave of absence on various occasions, particularly on May 3 and A

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Facts:

Parties Involved

• Petitioner: Senior State Prosecutor Emmanuel Y. Velasco.
• Respondent: Judge Adoracion G. Angeles, former Presiding Judge of the Caloocan Regional Trial Court (RTC), Branch 121.

Charges and Allegations

• Unauthorized Absences
• Judge Angeles was charged with failing to file the necessary leave for her absences on several dates, notably May 3, 2005, and August 3, 2005, among others.
• Falsification of Certificates of Service
• It was alleged that by indicating in her Certificates of Service that she had rendered court attendance on the questioned dates, she engaged in falsification.
• Unauthorized Practice of Law
• The charge of unauthorized practice of law was brought against the judge but was later deemed without merit following the evaluation by the Office of the Court Administrator.

Procedural Background

• Initial Complaint and Referral
• The complaint was initially filed by Petitioner Velasco alleging violations of Supreme Court Circulars, the Canons of Judicial Ethics, and the Code of Judicial Conduct.
• The Office of the Court Administrator evaluated the complaint and dismissed the charge of illegal practice of law.
• The case was referred to Court of Appeals Associate Justice Magdangal M. de Leon for a full investigation and recommendation.
• Findings by the Investigating Justice
• It was determined that the only questionable instances were Judge Angeles’s absences on May 3 and August 3, 2005.
• For other dates, her absences were legally justified as she was complying with subpoenas issued by the RTC of Manila.
• Previous Resolutions
• The Third Division, by Resolution of June 5, 2006, adopted the findings and recommended a reprimand for the unauthorized absences while dismissing the falsification charge.
• Judge Angeles filed a Motion for Partial Reconsideration which was initially denied on February 22, 2010.

Respondent’s Explanation and Arguments

• May 3, 2005 Absence
• Judge Angeles explained that her appearance on this date was for a hearing that was merely an “offshoot” of an earlier postponed hearing, thus not requiring a subpoena.
• August 3, 2005 Absence
• She maintained that her absence was only a fraction of her official time (undertime) and that she reported for work in the morning by issuing orders in open court.
• Her explanation highlighted that such a short absence did not legally necessitate the filing of a leave of absence.

Second Motion for Partial Reconsideration

• Grounds for the Motion
• Judge Angeles challenged the prior reliance on the Office of the Court Administrator vs. Judge Delia H. Panganiban decision, arguing it was inapplicable since she did not commit the lapse as alleged.
• She asserted that if no actual violation occurred, then the earlier denial of her motion (which invoked the Panganiban case) warranted review.
• Evaluation of Evidence
• Review of the minutes of the hearing and substantiating documents indicated that her judicial duties were indeed performed despite the absence of a formal leave filing.

Issue:

Whether Judge Angeles committed unauthorized absences by failing to file the required leaves of absence on May 3, 2005, and August 3, 2005.

• Did her attendance in her personal capacity as a private complainant, rather than in her judicial capacity, exempt her from the leave requirement?
• Was her explanation regarding the rescheduled hearing on May 3, 2005, sufficient to justify the absence from her own court responsibilities?

Whether the absence on August 3, 2005, which amounted only to a fraction of a day (undertime), required the filing of a leave of absence as per the applicable administrative rules.

• Does the absence meet the threshold (i.e., a fraction of three-fourths or more of a full day) as stipulated in Section 28 of the Omnibus Rules on Leave?

Whether the precedent set in Office of the Court Administrator vs. Judge Delia H. Panganiban should govern this case despite the respondent’s claims of having committed no violation.

• Can a judge’s long and unblemished service record mitigate technical lapses such as failing to file a leave when the actual service rendered does not fall below the required threshold?

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)