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MOP, Bk 10, v.5, pt.2, 31
[ ADMINISTRATIVE ORDER NO. 262, December 12, 1970 ]
IMPOSING ON MUNICIPAL JUDGE FELIPE TUAZON OF MINALIN, PAMPANGA, A FINE EQUIVALENT TO ONE (1) MONTH’S PAY
This is an administrative case filed by Mrs. Margarita Prado de Fabricante against Municipal Judge Felipe Tuazon of Minalin, Pampanga, for alleged (1) willful failure to pay just debts and (2) gambling activities. Complainant maintains that respondent’s actuations constitute a violation of Articles 19, 20 and 21 of the New Civil Code on Human Relations. The case was investigated by District Judge Andres C. Aguilar after respondent submitted his answer to the charges and failed to appear at the formal investigation thereof.
As regards the first charge, it appears that complainant obtained in Civil Case No. 168101 of the City Court of Manila a judgement based upon a promissory note against respondent and his wife for the sum of P2,500 “with interest thereon at the legal rate from May 6, 1967, until the whole amount shall have been fully paid, plus the sum of P200.00 as attorney’s fee”. The writ of execution issued in the case was returned unsatisfied, as no property was found registered in the names of defendants.
Respondent’s answer alleges, however, that his offer to pay the indebtedness on installment basis was rejected by complainant.
Anent the second charge, the District Judge-Investigator found the testimony of Mrs. Emerlinda F. David, daughter of complainant, that she saw respondent play “monte” and “heard” that he indulged in this game on other occasions insufficient to prove that he in fact did gamble.
It has been duly established that respondent failed to pay his indebtedness of P2,500 to complainant. While his answer alleges an offer to complainant of a mode of payment thereof, respondent did not, however, endeavor to prove the same. Instead, he chose to ignore the Investigator’s summons. He also allowed a default judgement to be entered against him in Civil Case No. 168101. These actuations of respondent strikingly reveal a disregard and disrespect for court orders and processes and an intention to avoid a compromise settlement of his obligations.
Wherefore, and as recommended by the Secretary of Justice, Mr. Felipe Tuazon is hereby fined in an amount equivalent to one (1) month’s pay and warned that repetition of similar acts will be dealt with more severely. Considering that nonpayment of his obligations has the effect of detracting public confidence in his integrity, respondent is also directed to find ways and means of settling the same.
Done in the City of Manila, this 12th day of December, in the year of Our Lord, nineteen hundred and seventy.
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary
As regards the first charge, it appears that complainant obtained in Civil Case No. 168101 of the City Court of Manila a judgement based upon a promissory note against respondent and his wife for the sum of P2,500 “with interest thereon at the legal rate from May 6, 1967, until the whole amount shall have been fully paid, plus the sum of P200.00 as attorney’s fee”. The writ of execution issued in the case was returned unsatisfied, as no property was found registered in the names of defendants.
Respondent’s answer alleges, however, that his offer to pay the indebtedness on installment basis was rejected by complainant.
Anent the second charge, the District Judge-Investigator found the testimony of Mrs. Emerlinda F. David, daughter of complainant, that she saw respondent play “monte” and “heard” that he indulged in this game on other occasions insufficient to prove that he in fact did gamble.
It has been duly established that respondent failed to pay his indebtedness of P2,500 to complainant. While his answer alleges an offer to complainant of a mode of payment thereof, respondent did not, however, endeavor to prove the same. Instead, he chose to ignore the Investigator’s summons. He also allowed a default judgement to be entered against him in Civil Case No. 168101. These actuations of respondent strikingly reveal a disregard and disrespect for court orders and processes and an intention to avoid a compromise settlement of his obligations.
Wherefore, and as recommended by the Secretary of Justice, Mr. Felipe Tuazon is hereby fined in an amount equivalent to one (1) month’s pay and warned that repetition of similar acts will be dealt with more severely. Considering that nonpayment of his obligations has the effect of detracting public confidence in his integrity, respondent is also directed to find ways and means of settling the same.
Done in the City of Manila, this 12th day of December, in the year of Our Lord, nineteen hundred and seventy.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
President of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary