SECOND DIVISION
[A.M. No. 77-MJ. May 16, 1975.]
JUAN B. CASTILLO, Provincial fiscal of Batanes, Complainant, v. TEOFILO A. BARSANA, Municipal Judge of Mahatao, Batanes, Respondent.
SYNOPSIS
Administratively charged with serious misconduct, respondent was ordered suspended from office for two months without pay in a resolution of the Supreme Court of April 18, 1975. However, respondent’s resignation was accepted by the President of the Philippines on June 5, 1973 thus rendering the issue in the case moot and academic. Consequently, the order aforecited was amended ordering instead dismissal of the case for being moot and academic.
SYLLABUS
1. ADMINISTRATIVE COMPLAINT; EFFECT OF RESIGNATION. — The acceptance of respondent’s resignation by the President under Letter of Instruction No. 11 rendered the administrative case moot and academic.
R E S O L U T I O N
ANTONIO, J.:
Considering that the resignation of respondent Teofilo A. Barsana, Municipal Judge of Mahatao, Batanes, was accepted on June 5, 1973 by the President of the Philippines, under Letter of Instruction No. 11, and, as a consequence, this case had already become moot and academic, 1 the dispositive portion of the Resolution of this Court on April 18, 1975 should, therefore, be, as it is hereby, amended to read as follows:jgc:chanrobles.com.ph
"WHEREFORE, this case, having become moot and academic, is hereby dismissed."cralaw virtua1aw library
Fernando (Chairman), Barredo, Aquino and Concepcion, Jr., JJ., concur.
"WHEREFORE, this case, having become moot and academic, is hereby dismissed."cralaw virtua1aw library
Fernando (Chairman), Barredo, Aquino and Concepcion, Jr., JJ., concur.
Endnotes:
1. See Memorandum of the President to the Secretary of Justice, dated Dec. 14, 1972, stating, among others, that administrative cases pending against officials whose resignations are accepted under Letter of Instruction No. 11 should be deemed moot and academic; Adm. Matter No. 351-MJ, Anastacio Bangate v. Municipal Judge Ludolfo Muñoz, July 11, 1972, en banc; Adm. Matter No. 368-MJ, Esteban, Et. Al. v. Santiago Andres, Dec. 5, 1973, en banc; Adm. Matter No. 529-MJ, R. Tan v. Celestino Tomenes, Dec. 19, 1973, en banc; Adm. Matter No. 265-CJ, E. de al Victoria v. Vicente Felarca, Jan. 9, 1974, en banc; Adm. Matter Nos. 397, 398, 400, A. Dizon, C. Tan v. Porras, Et Al., J. Arro & See Bun King v. CFI Judge Alfredo Gonzales, Feb. 6, 1974, en banc, all of which held that the acceptance of respondents’ resignations render their respective cases moot and academic.
