Respondent was accused of allegedly falsifying the information sheet which the Commission on Appointments required as a prerequisite to the confirmation of his appointment as municipal judge of Ragay, Camarines Sur by stating therein that he had no previous administrative case when in truth and in fact the Civil Service Board of Appeals had affirmed a decision finding him guilty of dishonesty and gross misconduct, for which he was dismissed from the government service as Senior Inspector of the Fiber Inspection Service. Respondent specifically denied such allegation in his answer. The Solicitor General, to whom the matter was referred for investigation and report, recommended the dismissal of the complaint for becoming moot and academic as respondent had already died after suffering a heart attack.

The Supreme Court adopted the recommendation and dismissed the complaint.

CONSTITUTIONAL LAW; SUPREME COURT; ADMISSION TO THE PRACTICE OF LAW; DISBARMENT OF LAWYERS; CASE AT BAR DISMISSED FOR BEING MOOT AND ACADEMIC. — The complaint for disbarment is dismissed for becoming moot and academic, the respondent having suffered an attack of coronary thrombosis which caused his death following the cases of Fule v. Cordero (Adm. Case No. 284, July 29, 1977), and Calamba 11 v. Delgra, Jr. (Adm. Case No. 1656, July 29, 1977).

R E S O L U T I O N

The complaint for disbarment filed against respondent Angel S. Huertas, former Municipal Judge of Ragay, Camarines Sur, was based on his having allegedly falsified the information sheet which the Commission on Appointments required as a prerequisite to the confirmation of his appointment as municipal judge. More specifically, he was accused of stating in his information sheet that he had no previous administrative case, when in truth and in fact the Civil Service Board of Appeals had affirmed a decision finding him guilty of dishonesty (falsification of daily time records) and gross misconduct, for which he was dismissed from the government service, when he was then Senior Inspector of the Fiber Inspection Service. In his Answer, respondent specifically denied such allegation, "the truth of the matter," according to him, "being that the Civil Service Board of Appeals confirmed [his] dismissal by the Fiber Inspection Service, which confirmation came after the City Fiscal of the City of Manila dismissed the criminal case filed by the Fiber Inspection Service against the respondent for falsification, the same charge of which he was accused by the Fiber Inspection Service in an administrative charge and which dismissal of said criminal case extinguished the respondent’s criminal and civil liabilities." 1

The matter was then referred to the Solicitor General for his investigation, report and recommendation. In the Report submitted to this Court on September 15, 1981, the recommendation was for the complaint to be dismissed for becoming moot and academic, respondent having had suffered an attack of coronary thrombosis which caused his death. Reliance was placed on the following cases: Fule v. Cordero; 2 Lazaro v. Sagun; 3 and Calamba II v. Delgra, Jr. 4

WHEREFORE, the complaint is dismissed for being moot and academic.chanrobles.com : virtual law library

Aquino, Abad Santos, De Castro, Ericta and Escolin, JJ., concur.

Barredo and Concepcion Jr., JJ., are on leave.

Endnotes:

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1. Answer, 1.

2. Adm. Case No. 284, July 29, 1977, 78 SCRA 88.

3. Adm. Case No. 1382, July 29, 1977, 78 SCRA 100.

4. Adm. Case No. 1656, July 29, 1977, 78 SCRA 102.