Case Summary (G.R. No. 163109)
Petitioner and Respondent
The petitioner in this case is Vicente C. Buenavista, Jr., who initiated the administrative complaint against Judge Garcia. The respondent is Judge Marcelo G. Garcia himself, who has contested the terms of his dismissal and attempted to reclaim his position.
Key Dates
- July 19, 1990: The Supreme Court found Judge Garcia guilty of serious misconduct and dismissed him from the service.
- December 6, 1990: Judge Garcia announced in Branch 51 his intention to reassume office starting December 10, 1990.
- December 14, 1990: Executive Judge Sabas R. Acosta formally inquired into Garcia's authority to assume duties, leading to further action against Garcia.
Applicable Law
The case is governed by the administrative rules of the judicial system under the 1987 Philippine Constitution, which outlines the conditions under which a judge may be removed from service and the implications of such a dismissal.
Judgment and Allegations
In a prior decision, Judge Garcia was found guilty of various charges, including gross ignorance of the law. Following this ruling, he was dismissed from service with the forfeiture of retirement benefits. Despite this, he attempted to return to his judicial role starting on December 10, 1990, arguing the existence of a motion for reconsideration regarding his dismissal.
Unauthorized Acts and Court's Response
During the period from December 10 to 14, 1990, Judge Garcia engaged in judicial activities, including deciding several criminal cases, which culminated in the acquittal of defendants in serious crimes. His actions were undertaken without any legal authority due to the finality of his dismissal. Inquiries made by the acting judge and the Executive Judge to ascertain the validity of his reassumption of office led to confirmation that Garcia had no legal basis for his actions.
Notification and Responsibility
The Supreme Court made multiple attempts to inform Judge Garcia of his dismissal, but these efforts were thwarted due to his absence. Despite this lack of direct communication, evidence indicated that Garcia was aware of his dismissal by October 30, 1990, as evidenced by a motion filed by his counsel acknowledging the judgment had been decided.
Findings of Malice and Bad Faith
The Court concluded that Judge Garcia's attempts to assume office were executed in bad faith, as he failed to prudently confirm his legal standing post-dismissal. His defense centered on a misinterpretation of his status, which the Court found insufficient and indicative of his disregard for judicial processes.
Resolution and Directions
The resolution unequivocally declared all judicial acts conducted by Judge Garcia du
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Case Overview
- This case involves a resolution concerning the unauthorized reassumption of office by Judge Marcelo G. Garcia, who had been dismissed from the judiciary.
- The case is recorded under A.M. No. RTJ-88-246 and was promulgated on May 15, 1991.
- The Supreme Court found Judge Garcia guilty of serious misconduct, gross ignorance of the law, and knowingly rendering unjust orders or judgments, leading to his dismissal.
Background and Dismissal
- Judge Marcelo G. Garcia was the presiding judge of Branch 51 of the Regional Trial Court in Puerto Princesa City, Palawan.
- On July 19, 1990, the Supreme Court issued a decision in which Judge Garcia was found guilty of misconduct and dismissed from service with forfeiture of retirement benefits, except for his accrued leave.
- Following Garcia's dismissal, Judge Filomeno Vergara took over as the pairing judge of Branch 51.
Unauthorized Reassumption of Office
- On December 6, 1990, Judge Garcia announced his intention to reassume his judicial position on December 10, 1990.
- He justified his reassumption by claiming he had filed a motion for reconsideration regarding his dismissal, which he believed was still pending.
- He also cited a telegram from Atty. Adelaida C. Baumann that required him to submit his certificate of service to avoid salary withholding.