Title
The Secretary of Justice vs. Honorable Vivencio M. Ruiz
Case
Adm. Case No. 192-J
Decision Date
Dec 29, 1972
A judge faced administrative charges for gross inefficiency and misconduct; the case was dismissed as moot after his resignation was accepted, with the President acknowledging his service.

Case Summary (Adm. Case No. 192-J)

Charges Filed

The Secretary of Justice filed formal charges against Ruiz, alleging (1) gross inefficiency in office and violation of laws, rules, and regulations; and (2) serious misconduct, incompetence, falsification, and willful violation of the Constitution, laws, rules, and regulations. These charges were detailed and documented in a petition consisting of 38 pages.

Respondent’s Answer and Proceedings

Ruiz submitted a comprehensive answer, spanning 59 pages, on March 22, 1971, which included various annexes. Following the submission of evidence by the complainants and after resting their case, Ruiz sought extensions to file a motion to dismiss the case. The first extension of ten days was granted from December 2, 1971, and was followed by an urgent motion for an additional twenty-day extension starting December 24, 1971. However, the records do not indicate any further action was taken regarding the motion to dismiss.

Resignation of the Respondent

On October 6, 1972, the President of the Philippines accepted Ruiz's resignation. The President's letter expressed appreciation for Ruiz's cooperation in the government's efforts to establish a new society and acknowledged his service in the judiciary. The resignation was accepted without prejudice to any retirement rights that Ruiz may have been entitled to under applicable laws.

Dismissal of the Administrative Case

Typically, the resignation of a respondent during the pendency of an administrative case does not automatically lead to the case's dismissal, as the proceedings aim not only at removal from office but also at forfeiture of benefits such as retirement gratuities. The authority to remove a judge resides with the President, who receives a report and recommendation from the Court after the conclusion of hearings. However, given the specific wording of the President'

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.