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JurisprudenceA.M. No. 06-9-545-RTC

to then Chief Justice Artemio V. Panganiban inquiring whether it is possible for this Court, in the public interest

Cited Laws

RA 12RA 353,RA 217RA 417,RA 120,RA 243,RA 7610,RA 676,RA 472RA 66,
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TL;DR — Ruling

WHEREFORE , it is respectfully prayed that this administrative complaint be given due course and, respondent be ordered to file her Comment within ten (10) days from receipt. Considering the evidence is prima facie strong, it is respectfully recommended that she be INDEFINITELY SUSPENDED pending the outcome of the instant case or until further orders from this Court.

Decision

Ruling

WHEREFORE , it is respectfully prayed that this administrative complaint be given due course and, respondent be ordered to file her Comment within ten (10) days from receipt. Considering the evidence is prima facie strong, it is respectfully recommended that she be INDEFINITELY SUSPENDED pending the outcome of the instant case or until further orders from this Court. It is further recommended that after the Comment is filed, the administrative proceeding be suspended to await the final outcome of the criminal cases filed against her. In a Resolution [10] dated September 18, 2006, this Court's Second Division approved all of these recommendations, thus, suspending respondent from performing her judicial functions while awaiting the final resolution of her criminal cases or until further orders from this Court. On October 6, 2006, respondent filed an Urgent Motion for Reconsideration [11] of the aforementioned Resolution. Respondent claimed that the suspension order was wielded against her without affording her the opportunity to be heard since she was not furnished copies of SSP Velasco's letter and OCA's Administrative Complaint. Thus, respondent submitted that her suspension is essentially unjust. Moreover, respondent manifested that the two criminal cases against her are on appeal before the CA and have, therefore, not yet attained finality. As such, respondent still enjoys the constitutional presumption of innocence and her suspension clashes with this presumption and is tantamount to a prejudgment of her guilt. On the other hand, on October 11, 2006, SSP Velasco filed an Urgent Appeal/Manifestation [12] to the Court En Banc on the alleged unethical conduct of respondent, seeking the immediate implementation of this Court's Resolution dated September 18, 2006. On October 16, 2007, SSP Velasco filed an Opposition to the said Motion for Reconsideration, [13] manifesting that respondent continuously defied this Court's Resolution dated September 18, 2006 as she did not desist from performing her judicial functions despite her receipt of said Resolution on October 6, 2006. SSP Velasco stressed that an order of suspension issued by this Court is immediately executory notwithstanding the filing of a motion for reconsideration. Moreover, SSP Velasco reiterated that due to her conviction on two counts of child abuse, respondent no longer enjoys the constitutional presumption of innocence and should remain suspended in order to erase any suspicion that she is using her influence to obtain a favorable decision and in order to maintain and reaffirm the people's faith in the integrity of the judiciary. Correlatively, the Integrated Bar of the Philippines-Caloocan, Malabon, Navotas Chapter (IBP-CALMANA Chapter), through its Public Relations Officer (PRO) Atty. Emiliano A. Mackay, wrote a letter [14] dated October 18, 2006 addressed to the Second Division of this Court inquiring as to the effectivity of the Resolution suspending the respondent so as not to