443 Phil. 732
VITUG, J.:
"In Hermosa vs. Paraiso,[1] the respondent, a branch clerk of court of the then Court of First Instance of Masbate, was charged with irregularities while in office. The matter was referred to an Investigating Judge considering that there were persons mentioned in the complaint who had to be questioned. The Investigating Judge, in his report of 18 August 1973, recommended that the respondent be exonerated of the charges for lack of sufficient evidence. On 01 August 1974, while the case was pending before the Court, the respondent died. The Court, nevertheless, resolved the case so that the respondent's heirs might not be deprived of any retirement benefits due to them and ordered the dismissal of the case for lack of substantial evidence.Concluding, the Court dismissed the complaint against Judge Rendon, holding that to “allow the investigation to proceed against [the judge] who could no longer be in any position to defend himself would be a denial of his right to be heard, our most basic understanding of due process.” The outcome in Rendon might have, of course, been different had the investigation therein been completed prior to the demise of the respondent.
“In Mañozca vs. Judge Domagas,[2] the respondent judge, who was charged with gross ignorance of the law for having erroneously granted a demurrer to evidence, died while the case was being evaluated by the OCA for appropriate action. The Court, on the basis of what appeared on record, no factual matter being in serious dispute that would require a formal investigation, resolved to impose a fine of P5,000.00 on the respondent judge, stressing that he had been previously sanctioned by the Court for gross ignorance of the law.[3]
“In Apiag vs. Judge Cantero,[4] the respondent judge was charged with gross misconduct for allegedly having committed bigamy and falsification of public documents. The case was referred to the Executive Judge of the Regional Trial Court of Toledo City for investigation, report and recommendation. An investigation was imperative considering that factual issues, including the circumstances of the respondent's first marriage to the complainant, were inextricably involved. Upon receipt of the report of the Investigating Judge, who recommended that the respondent judge be suspended for one (1) year without pay, the Court referred the matter to OCA for evaluation, report and recommendation. The OCA, in its memorandum, recommended that the respondent judge be dismissed from the service. The respondent judge died while the case was still being deliberated upon by the Court. The Court there held -"’However, we also cannot just gloss over the fact that he was remiss in attending to the needs of his children of his first marriage - children whose filiation he did not deny. He neglected them and refused to support them until they came up with this administrative charge. For such conduct, this Court would have imposed a penalty. But in view of his death prior to the promulgation of this Decision, dismissal of the case is now in order.’[5]“It might also be noteworthy that in A.M. No. 97-9-283-RTC (Report on the Judicial Audit Conducted in Regional Trial Court, Branch 1, Bangued Abra)[6] and A.M. No. 98-3-119-RTC (Judicial Audit Report, Regional Trial Court, Branches 21, 35 & 36 and Municipal Trial Court in Cities, Branches 1 & 2, Santiago City; Regional Trial Court, Branch 17, Ilagan, Isabela; Regional Trial Court, Branch 31, Cabarroguis, Quirino and Municipal Trial Court, Cauayan & Echague, Isabela)[7], the Court deemed it inappropriate to impose any sanction following the death of the respondents during the pendency of their cases. In A.M. No. 97-9-283-RTC, it was shown that Judge Francisco Villacorta failed to decide cases pending before his court as so reflected by the judicial audit and confirmed by the OCA. Respondent Villacorta died before he could submit any explanation. The Court did not see it fit to still impose any disciplinary action on the respondent judge. In A.M. No. 98-3-119-RTC, Judge Efren Lamorena of RTC, Santiago City, Branch 36, was directed to explain the delay on the resolution of cases pending before his sala. Judge Lamorena was able to submit his comment but, soon after, he suffered a stroke which caused his death. The OCA in its memorandum to the Court did not recommend any administrative sanction on Judge Lamorena for ‘humanitarian reasons.’ The Court there agreed.”