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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. MTJ-87-79. December 2, 1991.]

LEONILA A. VISTAN, Complainant, v. JUDGE RUBEN T. NICOLAS, Municipal Trial Court, Pandi, Bulacan, Respondent.

[A.C. No. 3040. December 2, 1991.]

LEONILA ANGELES VDA. DE VISTAN, Complainant, v. ATTY. RUBEN T. NICOLAS, Respondent.


SYLLABUS


1. JUDICIAL AND LEGAL ETHICS; JUDGES; GROSS MISCONDUCT; JUDGE IS DISMISSED BUT ALLOWED TO ENJOY ALL VACATION AND SICK LEAVE BENEFITS. — Acting upon the motion for reconsideration the Court RESOLVED, out of humanitarian consideration for respondent Judge who is due for retirement to AMEND the dispositive portion of its Decision sought to be reconsidered by allowing him to enjoy all vacation and sick leave benefits that he has earned during the period of his government service.


R E S O L U T I O N


PER CURIAM:


Acting on respondent Judge’s Motion for Reconsideration, dated 1 October 1991, of the Decision of 13 September 1991, which dismissed him from the service with prejudice to re-employment in any branch, agency or instrumentality of the government including government-owned or controlled corporations and with forfeiture of all his accrued retirement benefits and leave credits, if any, the Court RESOLVED, out of humanitarian consideration for respondent Judge who is due for retirement on 17 December 1991, to AMEND the dispositive portion of its Decision of 13 September 1991 to read as follows:chanrob1es virtual 1aw library

WHEREFORE, 1) in AC No. 3040, the prayer for disbarment is DENIED but respondent Municipal Trial Court Judge, Ruben T. Nicolas, is SEVERELY CENSURED for his gross misconduct in holding himself out as a candidate for an elective office while still a member of the Bench; 2) in AM No. MTJ-87-79, respondent Judge is hereby DISMISSED from the service, with prejudice to re-employment in any branch, agency or instrumentality of the government, including government-owned or controlled corporations. He may however, enjoy all vacation and sick leave benefits that he has earned during the period of his government service. (Revision italicized).

This Resolution is immediately executory.

SO ORDERED.

Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Padilla, Bidin, Griño-Aquino, Medialdea, Regalado, Davide, Jr. and Romero, JJ., concur.

Fernan, C.J., is on leave.

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