Nov. 19, 2004
FACTS
Complainant Dolores Imbang filed an administrative case against respondent Judge Deogracias Del Rosario for failure to decide a civil case for collection of sum of money.
The Office of the Court Administrator (OCA) required Judge Del Rosario to comment on the charges; however, he failed to comply.
It was only after five years and after the Supreme Court imposed a fine upon him that he filed his comment.
Judge Del Rosario admitted difficulty in exercising his judicial functions as well as his failure to comply with the Court’s directive because of poor time management and poor health.
He sought the Court’s permission that he retire at the age of 60 years old.
The OCA opined that Judge Del Rosario’s poor health and poor time management are not sufficient justifications for his failure to comply with the directives of the Court.
He, meanwhile, said he had no intention of defying the Court’s orders or directives.
Judge Del Rosario alleged his poor health condition affected his competency and efficiency.
ISSUES
- Whether or not Judge Del Rosario committed gross misconduct.
- Whether or not Judge Del Rosario’s poor health is a mitigating circumstance in the administrative case against him.
RULING
1. Whether or not Judge Del Rosario committed gross misconduct.
YES,
Judge Del Rosario committed gross misconduct.
The office of the judge requires him to obey all the lawful orders of his superiors. It is gross misconduct, even outright disrespect for the Court, for respondent judge to exhibit indifference to the resolution requiring him to comment on the accusations in the complaint thoroughly and substantially.
2. Whether or not Judge Del Rosario’s poor health is a mitigating circumstance in the administrative case against him.
YES, Judge Del Rosario’s poor health is a mitigating circumstance in the administrative case against him.
While his poor health will not exculpate him from administrative liability, it may be considered as a mitigating circumstance. Thus, considering the respondent’s actuations and his failing health, we find that a fine of twenty-one thousand pesos (P21,000) is appropriate in this case, conformably to Section 11(A) of Rule 1409 of the Revised Rules of Court.
DISPOSITIVE PORTION
Respondent Judge Deogracias K. del Rosario is hereby FINED an amount of Twenty-One Thousand Pesos (P21,000).
SO ORDERED.
Full text of this decision.
