Judge Herminia M. Pascua was administratively complained against for falsifying public documents and violating election rules by indefinitely postponing hearings for an election protest case. The judge admitted to an honest mistake in postponing the hearings but claimed the protestant had appealed higher. However, no appeal was actually made. By indefinitely postponing the hearings, the judge showed inefficiency in resolving the election case and violated the Code of Judicial Conduct requiring diligence. The court found the judge guilty of inefficiency and fined her 10,000 pesos to be deducted from retirement benefits.
Judge Herminia M. Pascua was administratively complained against for falsifying public documents and violating election rules by indefinitely postponing hearings for an election protest case. The judge admitted to an honest mistake in postponing the hearings but claimed the protestant had appealed higher. However, no appeal was actually made. By indefinitely postponing the hearings, the judge showed inefficiency in resolving the election case and violated the Code of Judicial Conduct requiring diligence. The court found the judge guilty of inefficiency and fined her 10,000 pesos to be deducted from retirement benefits.
Judge Herminia M. Pascua was administratively complained against for falsifying public documents and violating election rules by indefinitely postponing hearings for an election protest case. The judge admitted to an honest mistake in postponing the hearings but claimed the protestant had appealed higher. However, no appeal was actually made. By indefinitely postponing the hearings, the judge showed inefficiency in resolving the election case and violated the Code of Judicial Conduct requiring diligence. The court found the judge guilty of inefficiency and fined her 10,000 pesos to be deducted from retirement benefits.
Judge Herminia M. Pascua was administratively complained against for falsifying public documents and violating election rules by indefinitely postponing hearings for an election protest case. The judge admitted to an honest mistake in postponing the hearings but claimed the protestant had appealed higher. However, no appeal was actually made. By indefinitely postponing the hearings, the judge showed inefficiency in resolving the election case and violated the Code of Judicial Conduct requiring diligence. The court found the judge guilty of inefficiency and fined her 10,000 pesos to be deducted from retirement benefits.
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[A.M. No. RTJ-99-1461.
June 26, 2001]
RICARDO DELA CRUZ, complainant, vs HON. HERMINIA M. PASCUA, Presiding Judge, Regional Trial Court, Branch 25, Tagudin, Ilocos Sur, respondent. This is an administrative complaint filed by Ricardo Dela Cruz, then a mayoralty candidate in a certain Municipality, against Judge Herminia M. Pascua of the Regional Trial Court of same province, for falsification of public document and violation of Section 17 (par. 1), Rule 35 of the Rules of Procedure of the Commission on Elections (COMELEC). The said administrative case rooted from the electoral protest filed by Dela Cruz, which Pascua presided, whereby the former was forced to withdraw the case for its failure to be heard or be decided and that it would only end up in an empty victory. Respondent Judge admitted her honest and innocuous error for postponing the hearing but raised her defense on the ground that the protestant elevated it to the SC, and despite the dismissal of the appeal to COMELEC, they never moved for the resumption of the proceedings which made her believed that it was indeed appealed to the higher court. In addition, she contends that there was clearly no ante-dating of orders. Hence, Judge Pascua compulsory retired. ISSUE: WON Judge Pascua manifested an unbecoming conduct, on the basis of her issued orders on the electoral protest, which is actually contrary to what the Code of Judicial Conduct. HELD: By issuing orders indefinitely postponing the hearing of election protest, the judge manifested inefficiency in the disposition of an election protest case and thus overtly transgressed basic mandatory rules for expeditious resolution of cases. Canon 3 of the Code of Judicial Conduct mandates, among others, that a judge should perform his official duties with DILIGENCE. The same Canon specifically provides that a judge should maintain professional competence and decide cases within the required periods. This Court has ruled that inefficient judges are equally impermissible in the judiciary as the incompetent and dishonest ones. Any of them tarnishes the image of the judiciary or brings it to public contempt, dishonor or disrespect and must then be administratively dealt with and punished accordingly. This Court views the conduct of respondent judge improper and censurable. She should have remembered that she is presumed to be conscious of her duties under the Code of Judicial Conduct. Indeed, as a member of the Bench, she should be the embodiment of competence and assiduousness in her responsibilities. Unfortunately, respondent judge failed to live up to this standard. By issuing the orders in question, she evidently manifested inefficiency and overtly transgressed basic mandatory rules adopted to assure the expeditious resolution of cases.
WHEREFORE, Judge Herminia M. Pascua is found guilty of inefficiency and is
fined in the amount of P10,000.00, the same to be deducted from her retirement benefits.
