448 Phil. 210
CARPIO MORALES, J.:
[T]his Commission [SECOND DIVISION] RESOLVED, as It hereby RESOLVES to AFFIRM the proclamation of petitioner Fidel L. Isip, Jr. as the duly elected Vice-Mayor of Macabebe, Pampanga as evidenced by the Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Municipal Offices [CE Form No. 25], with Serial No. 03540368 dated 13 May 1998.Complainant thus assumed office as Vice-Mayor commencing on June 30, 1998.
Accordingly, the proclamation of Pedro Yabut secured through coercion and intimidation of Election Officer and Chairman of the Municipal Board of Canvassers of Macabebe, Pampanga, Mr. Joselito T. Matias[,] and superimposition of his name over that of the declared winner in the COCPWC is hereby ANNULLED and SET ASIDE. (Emphasis and italics in the original)
WHEREFORE, premises considered, the Omnibus Motion for Reconsideration of [Yabut] is hereby GRANTED. The assailed Order of the Second Division dated 25 May 1998 is VACATED. A new Municipal Board of Canvassers for the Municipality of Macabebe is hereby constituted . . . Thereafter, they shall add up the votes and announce the true winner for the position of Vice Mayor in Macabebe, Pampanga x x x. (Italics supplied)On December 23, 1999, complainant filed a Very Urgent Motion to Defer Execution of the COMELEC en banc December 16, 1999 Resolution in view of, so he claimed, newly discovered manifest errors in the election returns of precinct Nos. 8-A and 24A/25A. The motion was granted by the COMELEC en banc, hence, the reconvening of the new Municipal Board of Canvassers was suspended.
WHEREFORE, in view of the foregoing, the Commission en banc resolves to lift the suspension for the new Municipal Board of Canvassers of Macabebe, Pampanga as duly constituted in its 16 December 1999 resolution to convene. Atty. Zoilo Pers . . . are thus directed to convene, with due regard to the proper procedure and notice as to the date and venue thereof to the affected candidates, to effect the necessary corrections not only in the election returns in Precincts 159A/160A but also in Precincts 8A and 24A/25A and the corresponding Statement of Votes. Thereafter, they shall add up the votes and announce the true winner for the position of Vice-Mayor of Macabebe, Pampanga.Complainant thereupon filed on May 29, 2000 a “Manifestation with Motion” before the MCTC praying for the resolution of his Motion to Dismiss the criminal complaint against him.x x x x x x x x x (Italics in the original)
“gross ignorance of the law for issuing the Order dated 10 January 2000 . . ., gross inefficiency for failing to act on [his] case despite the lapse of more than five (5) months and gross misconduct for giving undue advantage to Pedro Yabut, a private individual,”and alleging that, inter alia, during the preliminary investigation of the criminal complaint against him conducted by respondent, the Secretary to the Mayor of Macabebe who belongs to Yabut’s political party was present; and that respondent has been receiving allowance from the Office of the Mayor.
It is gathered that after complainant filed at the MCTC a Sur-Rejoinder on March 24, 2000, his Motion to Dismiss was submitted for resolution. Respondent thus had 90 days or up to June 24, 2000 within which to resolve the motion.x x x x x x x x x
A. As to Charge No. I: Gross Ignorance of Law.
x x x x x x x x x
The question that arose was whether the Comelec Resolution on December 23, 1999 which ordered the suspension of the reconvening of the new Municipal Board of Canvassers has the effect of setting aside the Comelecs (sic) resolution of December 16, 1999 which “vacated” complainant’s earlier proclamation on May 13, 1998. The resolution dated December 16, 1999 has two parts to wit: (a) the order dated May 25, 1998 confirming the proclamation of Fidel Isip on May 23, 1998 was vacated; and (b) a new Municipal Board of canvasser was created and should convene to effect necessary corrections in the election returns of precinct 159A/160A and Statement of Votes. It appears clear therefore that what was ordered suspended in the order of Comelec on December 23, 1999 was only the reconvening of the new Municipal Board of Canvassers. But the setting aside of complainant’s proclamation has remained in force. The Comelec in its resolution dated April 25, 2000 stated that “in ordering for the suspension of the convening of Municipal Board of Canvasser last 23 December 1999, the Commission en banc did not amend or reverse its 16 December 1999 resolution.” Hence, the only logical conclusion is that complainant appeared to have unlawfully assumed office and illegally discharged the duties and functions of the office of the Vice mayor; consequently, respondent was correct in giving due course to the criminal complaint for usurpation of authority. Respondent’s finding of a probable cause that the crime as charged in the complaint has been committed and that complainant was probably guilty of the said crime stood on solid ground. Most importantly, respondent does not appear to have acted in bad faith.
x x x x x x x x x
On the question of whether or not respondent acted correctly in ordering the arrest of the complainant, there is no doubt respondent acted within the scope of his authority.
x x x x x x x x x
It is therefore recommended that Charge No. I be dismissed for lack of factual and legal bases.
B. As to Charge No. II: Gross Innefficiency (sic).
Complainant’s accusation is to the effect that on February 9, 2000 he filed a motion to dismiss the criminal complaint against him (for usurpation of authority) on the ground that the same did not charge an offense, and while the case was pending before the MCTC where the respondent was the presiding judge, the Comelec came up with a resolution dated April 25, 2000 which resolved to lift the suspension for the new Municipal Board of Canvassers of Macabebe, Pampanga to convene and proceed “to effect the necessary corrections not only in the election returns in Precincts 159A/160A but also Precincts 8A and 24A/25A and the corresponding Statement of Votes.” With the expected correction of the election returns in Precincts Nos. 8A and 24A/25A, complainant anticipated and was so confident he will increase his lead over his rival (Pedro Yabut) by 91 votes. Hence, he filed his Manifestation with Motion dated May 29, 2000, claiming that he was the true winner and still is the Vice Mayor of Macabebe, Pampanga and thus, his proclamation cannot be disturbed, and that it was now clear that he, complainant (accused) was wrongly charged for the crime of usurpation of public authority and official function. As stated earlier, series of pleadings were filed by the parties: A written opposition was filed by Pedro Yabut; accused (complainant) filed a Reply; Pedro Yabut filed his rejoinder; and accused (complainant) filed his sur-rejoinder. The sur-rejoinder which appears to be the last pleading relating to the motion to dismiss was filed on March 24, 2000. The Motion to Dismiss was thus considered submitted for resolution as of March 24, 2000 and respondent judge had up to June 22, 2000 to resolve the same.
For his defense respondent cited three grounds for the delay in the resolution of the motion to dismiss, namely:
(a) There was (sic) so many pleadings being filed with the Court, the Comelec and even with the Supreme Court (t.s.n. p.3, October 8, 2002) and he did not want to pre-empt the result of the recounting of ballots cast in the elections of May 11, 1998 between Pedro Yabut and Fidel Isip (t.s.n. p. 4, Oct. 28, 2002). (b) The flood that inundated the towns of Macabebe, Masantol, San Simon and San Luis, all in the province of Pampanga, in the year 2000 (t.s.n. p.5, Oct. 28, 2002). (c) His workload as regular presiding judge of the MCTC of Macabebe-Masantol and as acting presiding judge of the MCTC of Apalit-San Simon.
which however are unworthy of credence for the following reasons:What appears to be clear is that respondent felt intimidated by the series of orders/resolutions issued by the Comelec and as a result, he became indecisive. It was a clear case of judicial vacillation that has no place in the efficient and speedy administration of justice.
- The pleadings being filed with the Court, the Comelec and with the Supreme Court were not and cannot be considered as obstacle in the resolution of the motion which is predicated on the simple ground that the criminal complaint for usurpation of authority did not allege facts that would constitute the offense charged therein. It could have been and should have resolved on the basis of its allegations and what the criminal complaint has alleged. Moreover, if it is true that respondent did not want to pre-empt the recounting of votes, then, he could have acted on the motion to dismiss shortly after complainant has filed his Second Motion To Resolve, dated June 28, 2000, where he alleged that on June 8, 2000, he was finally proclaimed by the Comelec as the winner. Had respondent promptly resolved the motion, chances are that complainant would not have bothered to file the instant administrative case which the record shows is dated July 21, 2000 and was filed with the Office of the Court Administrator on July 31, 2000.
- The flood in the year 2000 that submerged portions of the towns of Macabebe, Masantol, San Luis and San Simon occurred sometime in the month of July 2000; consequently, in June 2000 when the motion to dismiss should have been resolved by respondent there was no flood to talk about. In any event, there is no showing that all principal roads in said municipalities were closed to traffics at the height of the flood.
- The case load of respondent as presiding judge of both the MCTC of Macabebe-Masantol and MCTC of Apalit-San Simon, cannot be a good reason to delay the resolution of the motion to dismiss in question. Firstly, respondent was designated acting judge of the MCTC in Apalit-San Simon only on January 5, 2001. Secondly, respondent could have seasonably requested for a reasonable extension of time to resolve the motion by filing an appropriate request with the Office of the Court Administrator.
Respondent should therefore be held administratively liable for Charge No. II. x x x
Recommendation: Respondent should be fined in the amountP5,000.00.
C. As to Charge No. III: Giving undue advantage to Pedro Yabut, a private individual.
Despite respondent’s acts in giving due course to the criminal complaint for usurpation of authority, there is no evidence on record that he deliberately favored Pedro Yabut. It is true complainant suffered initial set backs in the case filed against him. He was inconvenienced; he was ordered arrested and he had to post a bond for his provisional liberty. But he was not unseated. From June 30, 1998 he was occupying the office of the Vice Mayor for Macabebe, Pampanga so, it cannot be said that Pedro Yabut benefited from the filing of the case against complainant.
Absent any clear incriminating proof against respondent it would be unfair to pronounce him guilty of acts that have favored Pedro Yabut.x x x x x x x x x
It is therefore recommended that Charge No. III be dismissed for lack of merit.
x x x x x x x x x (Emphasis and italics supplied)
The pleadings being filed with the Court, the Comelec and with the Supreme Court were not and cannot be considered as obstacle in the resolution of the motion which is predicated on the simple ground that the criminal complaint for usurpation of authority did not allege facts that would constitute the offense charged therein. It could have been and should have resolved on the basis of its allegations and what the criminal complaint has alleged. Moreover, if it is true that respondent did not want to pre-empt the recounting of votes, then, he could have acted on the motion to dismiss shortly after complainant has filed his Second Motion To Resolve, dated June 28, 2000, where he alleged that on June 8, 2000, he was finally proclaimed by the Comelec as the winner. Had respondent promptly resolved the motion, chances are that complainant would not have bothered to file the instant administrative case which the record shows is dated July 21, 2000 and was filed with the Office of the Court Administrator on July 31, 2000. x x x. (Italics supplied)That respondent was burdened with a heavy case load in MCTC Apalit-San Simon and MCTC Macabebe-Masantol is not a valid excuse, especially given the fact that while he was the Presiding Judge of the MCTC of Macabebe-Masantol since 1998, it was only on January 5, 2001,[8] after the present complaint was filed, that he was designated Presiding Judge of the MCTC of Apalit-San Simon.
. . . any delay in the determination or resolution of a case, no matter how insignificant the case may seem to a judge, is, at bottom, delay in the administration of justice in general. The suffering endured by just one person – whether plaintiff, defendant, or accused – while awaiting a judgment that may affect his life, honor, liberty, or property, taints the entire judiciary’s performance in its solemn task of administering justice.[13]Under Rule 140 of the Rules of Court,[14] Gross Inefficiency (“Undue delay in rendering a decision or order, or in transmitting the records of a case”) is classified as a less serious charge, for which Section 10-B thereof provides the following sanctions:
So must respondent be thereunder penalized.x x x x x x x x x
B. If the respondent is found culpable of having committed a less serious charge, any of the following sanctions shall be imposed:
- Suspension from office without salary and other benefits for one (1) to two (2) months and twenty-nine (29) days; or
- A fine of not less than
P10,000.00 but, not more thanP19,999.00. x x x