Title
Garcia vs. Macaraig, Jr.
Case
A.C. No. 198-J
Decision Date
May 31, 1971
Judge Macaraig, unable to perform judicial duties due to court organization delays, assisted DOJ in good faith; SC dismissed dishonesty, incompetence claims, upheld judicial independence.

Case Summary (G.R. No. 143439)

Petitioner (Complainant)

Paz M. Garcia alleged that Judge Macaraig (1) failed to submit required monthly reports and certificates of service for July 1, 1970 to February 28, 1971 in violation of Department of Justice Circular No. 10 (Feb. 6, 1952) and Sections 5, 55 and 58 of the Judiciary Act of 1948 (Republic Act No. 296); (2) collected judicial salaries while not performing judicial duties; (3) engaged in dishonesty and moral unfitness by certifying falsely that he was entering upon the performance of his duties on June 29, 1970; and (4) thereby manifested moral bankruptcy and incompetence incompatible with judicial office.

Respondent (Judge Macaraig) — Factual Position and Explanation

Respondent acknowledged taking his oath on June 29, 1970 but explained that Branch VI of the CFI was one of 112 newly created branches and had to be organized from scratch. He described efforts to secure courtroom space and equipment: initial arrangements with Calamba municipal and Laguna provincial officials, lease negotiations finalized October 26, 1970, delays in municipal payments for improvements, a provincial appropriation (P5,000) only after respondent’s representations, and a delayed national appropriation for court equipment released December 23, 1970. He explained he had planned extended leave but was asked by the Secretary of Justice to assist the Department of Justice informally while awaiting court organization. He contended the statutory reporting and certificate requirements presuppose an operational sala and therefore do not apply to a judge who has not yet commenced judicial functions. He denied dishonesty, asserted good faith in performing organizing work and assisting the DOJ, and submitted certifications supporting his account.

Key Dates and Procedural Posture

  • Appointment and oath as CFI judge: June 29, 1970.
  • Alleged non-compliance period: July 1, 1970 to February 28, 1971 (monthly reports and certificates).
  • Complaint filed and resolved by the Supreme Court by way of resolution dismissing the administrative complaint (decision: May 31, 1971). Applicable constitutional framework for analysis: the 1935 Constitution (the decision predates the 1973 and 1987 Constitutions).

Applicable Statutes, Circulars and Administrative Law Instruments

  • Judiciary Act of 1948 (Republic Act No. 296), particularly Sections 5, 55 and 58 (pertaining to certification for payment of salaries, holding of court sessions, and reporting duties).
  • Department of Justice Circular No. 10 (February 6, 1952) (monthly reports requirements).
  • Administrative Code of 1917, Section 83, granting the Department of Justice executive supervision over Courts of First Instance and other inferior courts (relevant to the concurring opinion’s constitutional critique). The Court evaluated the complaint under these laws and the governing constitutional doctrine of separation of powers as embodied in the 1935 Constitution.

Legal Issues Presented

  1. Whether respondent’s failure to submit the statutory monthly reports and certificates, and his receipt of judicial salary while not yet performing regular judicial functions, constituted dishonesty, violation of oath, grave incompetence or statutory breach warranting administrative discipline.
  2. Whether the statutory provisions and DOJ circulars at issue applied to a judge who had not yet begun to exercise judicial functions because his sala had not been organized.
  3. Whether the practice of judges rendering non‑judicial services to the Department of Justice and the Department’s supervisory authority over inferior courts raises constitutional concerns under the separation of powers.

Supreme Court’s Findings — Dishonesty and Receipt of Salary

The Supreme Court found no evidence of dishonesty or bad faith by respondent. Key reasoning:

  • A judge who has formally assumed office by oath is entitled to the salary of the office even before fully exercising judicial functions; entitlement to salary is not per se negated by temporary non-performance when the non-performance results from circumstances beyond the judge’s control.
  • Respondent made reasonable, good‑faith efforts to organize his sala and secure facilities and equipment; delays were attributable to municipal, provincial and national administrative processes, not to respondent’s misconduct.
  • Respondent also performed useful and legitimate governmental service by assisting the Secretary of Justice when requested; such service, in the circumstances, was not fraudulent nor dishonest but rather in furtherance of public service and consistent with his availability as a newly appointed official.

Supreme Court’s Findings — Applicability of Reporting Statutes and DOJ Circular

The Court concluded the statutory reporting and certification requirements (Sections 5, 55 and 58 of the Judiciary Act and DOJ Circular No. 10) presuppose a functioning sala where a judge actually holds hearings, renders decisions and accumulates submission times for cases. Therefore:

  • These provisions and circulars are directed at judges actually performing judicial functions; they cannot reasonably be enforced against a judge who has not yet commenced regular court sessions because the prerequisites for compliance (cases under submission, hours of session, accomplishments) do not exist.
  • Complainant’s charge that respondent’s failure to submit reports amounted to statutory violation could not be sustained where the factual situation made compliance impossible or senseless.
  • The Court noted that, while the practice of detailing judges to assist the Department of Justice raises institutional concerns, those concerns did not convert respondent’s conduct here into a disciplinary offense.

Separation of Powers Concern and Court’s Policy Observation

While dismissing the complaint, the Court expressly criticized the recurring practice of assigning judges to perform non‑judicial duties for the executive branch. The Court observed:

  • The separation of powers is fundamental and requires that judges not place themselves in positions where their independence could be compromised or where executive authorities might exercise administrative control over judicial decisionmaking.
  • Judges should avoid roles that subject their adjudicative acts to prior review, approval, or reversal by executive authorities; administrative collaboration with other branches must not erode judicial independence.
  • The Court recommended discontinuing the practice of having judges perform non‑judicial functions for the executive branch, emphasizing the paramount need to preserve the judiciary’s independence and public confidence.

Disposition and Administrative Order

The Supreme Court dismissed the administrative complaint against Judge Catalino Macaraig, Jr., finding no dishonesty, bad faith, or statutory violation warranting discipline under the record presented. The Court directed that a copy of the resolution be furnished to the Secretary of Justice.

Concurring Opinion of Justice Fernando — Emphasis on Separation of Powers and Constitutional Limits

Justice Fernando concurred fully and added an extended opinion stressing:

  • The doctrine of separation of powers under the 1935 Constitution mandates a tripartite division (legislative, executive, judicial) and secures judicial independence by insulating judges from executive or legislative encroachment.
  • While practical government operation permits some overlap, the core judicial function—adjudication—must not be compromised by assigning non‑judicial duties to judges or by subjecting them to executive administrative authority that could influence judicial discretion.
  • Citing U.S. and Philippine precedents (including Richardson, Nobl
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