Title
Alday vs. Cruz, Jr.
Case
A.M. No. RTJ-00-1530
Decision Date
Feb 4, 2002
Judge Cruz was suspended for misconduct but continued judicial duties, claiming misunderstanding; Supreme Court dismissed him, voided all actions during suspension.
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Case Summary (A.M. No. RTJ-00-1530)

Background of the Case

  • The case concerns complaints filed by Dr. Edgardo Alday, Mercedes Favis, Marna Villafuerte, and Christopher Garcia against Judge Escolastico U. Cruz, Jr.
  • The complaints stemmed from a traffic altercation where the judge allegedly threatened the complainants with a gun.

Initial Decision and Suspension

  • On March 14, 2001, the Supreme Court found Judge Cruz guilty of conduct grossly prejudicial to the service.
  • Penalties Imposed:
    • One-year suspension from judicial duties.
    • A fine of P50,000.
  • The suspension was to take effect immediately upon receipt of the decision on March 22, 2001.

Violation of Suspension Order

  • Despite the suspension, Judge Cruz continued to perform judicial duties.
  • This non-compliance was reported by Executive Judge Leticia P. Morales, raising concerns about the legality of his orders during the suspension period.

Court Resolution on Non-compliance

  • On September 18, 2001, the Court voided all orders and decisions issued by Judge Cruz after March 22, 2001.
  • The Court ordered him to show cause for his contempt and disobedience to the suspension order.

Respondent's Explanation

  • Judge Cruz claimed he misunderstood the immediate effect of the suspension.
  • He argued that immediate compliance would lead to an abandonment of his judicial responsibilities and unmanageable case backlog.

Investigation and Recommendations

  • The Office of the Court Administrator (OCA) investigated the matter and submitted a report on December 7, 2001.
  • Recommendation:
    • Dismissal from service due to grave misconduct stemming from his refusal to comply with the suspension order.

Supreme Court's Final Decision

  • The Supreme Court upheld the recommendation for dismissal, emphasizing:
    • The clear directive for immediate compliance with the suspension order.
    • The respondent's willful disregard of the Court's authority constitutes grave misconduct.
  • Consequences of Dismissal:
    • Forfeiture of all retirement benefits (except accrued leave).
    • Prohibition against reemployment in any government branch or controlled corporations.
  • The dismissal order is immediately executory.

Review of Judicial Actions During Suspension

  • A thorough examination of cases handled by Judge Cruz during his suspension is mandated.
  • The OCA is to form a review team to assess and declare null and void any unlawful orders or decisions made during the suspension.

Key Takeaways

  • The Supreme Court takes violations of suspension orders seriously, viewing them as grave misconduct.
  • Immediate comp
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