FIRST DIVISION
[A.C. No. P-189. February 14, 1975.]
IGNACIO HERMOSA, Complainant, v. JESUS PARAISO, Respondent.
SYNOPSIS
Respondent was charged with irregularities in office and inefficiency in the performance of duties. After investigation, the investigating Judge recommended respondent’s exoneration from the charged of irregularities "for lack of sufficient proof." As to the charge of inefficiency, the investigating Judge cited the adverse opinion of the presiding Judge of the court where respondent was a branch clerk and the latter’s recommendation for the acceptance of respondent’s resignation. Subsequently, the death of respondent was reported to the Court.
SYLLABUS
1. ADMINISTRATIVE COMPLAINT; DISMISSAL; SPECIFICATIONS NOT SUBSTANTIATED. — Where the specifications of the complaint against the deceased respondent were not duly substantiated at the investigation thereof conducted and concluded during his lifetime, the administrative case against him must be dismissed.
2. ID.; DEATH OF RESPONDENT; CASE STILL TO BE RESOLVED REASONS. — The Supreme Court will resolve an administrative case against a court personnel, notwithstanding that death has separated him from the service, to the end that his heirs may not be deprived of any retirement gratuity and other accrued benefits that they may be entitled to receive as a result of his death in office (as against a possible forfeiture thereof should his guilt have been duly established at the investigation).
2. ID.; DEATH OF RESPONDENT; CASE STILL TO BE RESOLVED REASONS. — The Supreme Court will resolve an administrative case against a court personnel, notwithstanding that death has separated him from the service, to the end that his heirs may not be deprived of any retirement gratuity and other accrued benefits that they may be entitled to receive as a result of his death in office (as against a possible forfeiture thereof should his guilt have been duly established at the investigation).
D E C I S I O N
TEEHANKEE, J.:
An unverified administrative complaint dated October 31, 1972 and signed by one Ignacio Hermosa of Cataingan, Masbate charging four specifications of irregularities in office allegedly committed by respondent Jesus Paraiso as branch clerk of Branch II of the Court of First Instance of Masbate, stationed at Cataingan, Masbate and in effect urging the acceptance of his resignation was referred by the Judicial Superintendent on behalf of the Secretary of Justice to Judge Isabelo D. Kaindoy as district executive judge for investigation, report and recommendation under indorsement dated February 16, 1973.
In his report and recommendation dated August 18, 1973 (which was forwarded by the Secretary of Justice under his indorsement dated September 14, 1973 to this Court with the transfer to it of administrative supervision over all courts and personnel thereof under the 1973 Constitution), Judge Kaindoy reported that he proceeded with the investigation of the charges and questioned the persons referred to in the complaint, although the complainant never appeared in court despite notices sent to him. The investigating judge reported that the notices of hearing mailed to complainant were returned with the notation that the addressee was "deceased", while respondent submitted certifications from the Local Civil Registrar and the local parish priest "that the name of the complainant does not appear as among those registered in the Records of Birth of the municipality of Cataingan, Masbate."cralaw virtua1aw library
The persons claimed in the complaint to have been victimized by respondent, including representatives of the Provincial Auditor and Provincial Treasurer as to alleged misappropriation of funds, disclaimed knowledge of any irregularity committed by respondent or of any cause for complaint against him. Hence, the investigating judge recommended respondent’s exoneration from the charges "for lack of sufficient proof."cralaw virtua1aw library
As to a fifth specification of lack of efficiency in the performance of his duties, the investigating judge merely submitted the comment of Judge Pedro C. Quitain presiding Branch II of the Masbate court of first instance where respondent was employed as branch clerk. He cited the adverse opinion of Judge Quitain as to respondent’s inefficiency and the latter’s recommendation for the acceptance of respondent’s resignation "for whatever action the Department will take against Respondent."cralaw virtua1aw library
Thereafter, the death of respondent on August 1, 1974 was reported to the Court which report has since been confirmed by a certified true copy of his death certificate received on January 31, 1975.
The Court nevertheless resolves the instant case (notwithstanding that death has separated him from the service) to the end that respondent’s heirs may not be deprived of any retirement gratuity and other accrued benefits that they may be entitled to receive as a result of respondent’s death in office (as against a possible forfeiture thereof should his guilt have been duly established at the investigation.).
ACCORDINGLY, finding that the specifications of the complaint against the deceased respondent were not duly substantiated at the investigation thereof conducted and concluded during his lifetime, the Court orders the dismissal of the administrative case at bar.
Castro, Actg. C.J., Makasiar, Esguerra and Muñoz Palma, JJ., concur.
In his report and recommendation dated August 18, 1973 (which was forwarded by the Secretary of Justice under his indorsement dated September 14, 1973 to this Court with the transfer to it of administrative supervision over all courts and personnel thereof under the 1973 Constitution), Judge Kaindoy reported that he proceeded with the investigation of the charges and questioned the persons referred to in the complaint, although the complainant never appeared in court despite notices sent to him. The investigating judge reported that the notices of hearing mailed to complainant were returned with the notation that the addressee was "deceased", while respondent submitted certifications from the Local Civil Registrar and the local parish priest "that the name of the complainant does not appear as among those registered in the Records of Birth of the municipality of Cataingan, Masbate."cralaw virtua1aw library
The persons claimed in the complaint to have been victimized by respondent, including representatives of the Provincial Auditor and Provincial Treasurer as to alleged misappropriation of funds, disclaimed knowledge of any irregularity committed by respondent or of any cause for complaint against him. Hence, the investigating judge recommended respondent’s exoneration from the charges "for lack of sufficient proof."cralaw virtua1aw library
As to a fifth specification of lack of efficiency in the performance of his duties, the investigating judge merely submitted the comment of Judge Pedro C. Quitain presiding Branch II of the Masbate court of first instance where respondent was employed as branch clerk. He cited the adverse opinion of Judge Quitain as to respondent’s inefficiency and the latter’s recommendation for the acceptance of respondent’s resignation "for whatever action the Department will take against Respondent."cralaw virtua1aw library
Thereafter, the death of respondent on August 1, 1974 was reported to the Court which report has since been confirmed by a certified true copy of his death certificate received on January 31, 1975.
The Court nevertheless resolves the instant case (notwithstanding that death has separated him from the service) to the end that respondent’s heirs may not be deprived of any retirement gratuity and other accrued benefits that they may be entitled to receive as a result of respondent’s death in office (as against a possible forfeiture thereof should his guilt have been duly established at the investigation.).
ACCORDINGLY, finding that the specifications of the complaint against the deceased respondent were not duly substantiated at the investigation thereof conducted and concluded during his lifetime, the Court orders the dismissal of the administrative case at bar.
Castro, Actg. C.J., Makasiar, Esguerra and Muñoz Palma, JJ., concur.
