July 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. 08-9-291-MCTC : July 20, 2011]
UNAUTHORIZED HEARINGS CONDUCTED BY JUDGE MANUEL Q. LIMSIACO, JR., MCTC — VALLADOLID, NEGROS OCCIDENTAL, IN PLACES OTHER THAN THE SEAT OF HIS COURT
A.M. No. 08-9-291-MCTC (Unauthorized Hearings Conducted By Judge Manuel Q. Limsiaco, Jr., MCTC � Valladolid, Negros Occidental, In Places Other Than The Seat Of His Court). � For consideration is another administrative complaint filed against Judge Manuel Q. Limsiaco, Jr. Judge Limsiaco is charged of violating the Court�s Administrative Circular No. 3 dated July 14, 1978, which prohibits the conduct of hearings in another station without any authority from the Court.
In a letter dated November 26, 2008, Judge Limsiaco apologized for the mistake, and admitted his ignorance of Administrative Circular No. 3. He claimed that: (a) he merely followed the old practice of hearing cases in the salas of Valladolid and San Enrique, and that, Pulupandan was later added following the reorganization of the courts; (b) he did so for expediency and economy so that the poor litigants would be relieved of incurring additional expenses in going to a court located in a different municipality; and (c) one Atty. Marilou M. Aniga, who was a part of the judicial audit team (October 1 and 2, 2007), represented to the Acting Municipal Mayor of San Enrique, Victoria P. de los Santos, that �if the court will receive a memorandum from the Supreme Court not to conduct hearing in San Enrique sala, we have to stop hearing in San Felipe.�
Judge Limsiaco claimed that in the judicial audit n August 6 and 7, 2008 headed by Atty. Artemio A. Ru�ez III, he stopped conducting hearings in the sala of San Enrique upon the instruction of Atty. Ru�ez. He also claimed that as of October 1, 2007, he no longer conducted hearings in Pulupandan.
Although we find Judge Limsiaco�s ignorance of Administrative Circular No. 3 dated July 14, 1978 inexcusable, the adjudication of the present administrative matter is already moot and academic as we can no longer impose any administrative penalty on Judge Limsiaco due to his retirement from the service on May 17, 2009, and our ruling in Judge Napoleon E. Inoturan v. Judge Manuel Q. Limsiaco, Jr., etc. and Sancho E. Guinanao v. Judge Manuel Q. Limsiaco, Jr., etc.[1] where we ordered all his retirement benefits forfeited, except for his accrued leave credits, and declared him disqualified from re-employment in any branch or service of the government, including government-owned and controlled corporations.
ACCORDINGLY, the administrative complaint against retired Judge Manuel Q. Limsiaco, Jr. is hereby DISMISSED for being moot and academic. Sereno, J., on official leave; Peralta, J., designated additional member per S.O. No. 1040.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] A.M. No. MTJ-01-1362 and A.M. No. MTJ-11-1785, February 22, 2011.