Catalino Macaraig Jr was appointed as judge of CFI of Laguna in June 1970 but was unable to immediately perform his judicial duties due to the court not being fully established and equipped. He assisted the Department of Justice with other tasks in the interim. A complaint was filed alleging he violated several laws by not submitting required reports and certificates, but the ruling found these laws did not apply to him since he had not started performing judicial functions yet due to circumstances beyond his control. Therefore, the complaint against him was dismissed.
Catalino Macaraig Jr was appointed as judge of CFI of Laguna in June 1970 but was unable to immediately perform his judicial duties due to the court not being fully established and equipped. He assisted the Department of Justice with other tasks in the interim. A complaint was filed alleging he violated several laws by not submitting required reports and certificates, but the ruling found these laws did not apply to him since he had not started performing judicial functions yet due to circumstances beyond his control. Therefore, the complaint against him was dismissed.
Catalino Macaraig Jr was appointed as judge of CFI of Laguna in June 1970 but was unable to immediately perform his judicial duties due to the court not being fully established and equipped. He assisted the Department of Justice with other tasks in the interim. A complaint was filed alleging he violated several laws by not submitting required reports and certificates, but the ruling found these laws did not apply to him since he had not started performing judicial functions yet due to circumstances beyond his control. Therefore, the complaint against him was dismissed.
knowing fully well that he has never performed his
A.M. No. 198-J May 31, 1971 official duties or discharged the duties appertaining to PAZ M. GARCIA, complainant, vs. HON. CATALINO MACARAIG, JR., his office, he has collected and was paid his salaries respondent. from FACTS 4. his deliberate violation of his Oath of Office as a District Judge of CFI of Laguna, he has manifested such Catalino Macaraig Jr, took his oath as judge of CFI of Laguna in moral bankruptcy as to deny his fitness to perform or june 20, 1970 discharge official duties in administration of justice. The court then being one of the new CFI branches, had to be 5. that respondent Judge wrote to the Honorable organized from scratch Secretary of Justice informing him that he was entering Initially the court was supposed to be located at the west wing upon the performance of his duties which are of Calamba Municipal building but was transferred to the 2nd deliberate falsehood that aggravates his moral floor of Laguna Development Bank. bankruptcy The respondent the placed necessary equipment but ISSUES unfortunately, the appropriations for the equipment was not immediately released. WON Catalino Macaraig violates Section 5, 55, 58 of Judiciary Act of When the respondent realize that it would be some time 1948 and Circular No. 10 before he could actually preside over his court, he applied for HELD/RULING extended leave. The Secretary of Justice however prevailed upon respondent NO. Catalino does not violate such provisions. to forego his leave and instead to assist him, without being Respondent's inability to perform his judicial duties under the extended a formal detail, whenever respondent was not busy circumstances mentioned above does not constitute attending to the needs of his court. incompetence. Respondent was like every lawyer who gets his Paz M. Garcia filed administrative complaint against first appointment to the bench, eager to assume his judicial duties Honorable Catalino Macaraig Jr Contending that: and rid himself of the stigma of being 'a judge without a sala', but 1. respondent herein, has not submitted his monthly forces and circumstances beyond his control prevented him from reports containing the number of cases filed, disposed discharging his judicial duties. of, decided and/or resolved, the number of cases Respondent's collection of salaries as judge does not constitute pending decisions. A clear Violation of Sections 55 and dishonesty because aside from the time, effort and money he 58 of Judiciary Act of 1948 & Circular No. 10 spent in organizing the CFI at Calamba, he worked in the 2. That he has not submitted his certificate of service and Department of Justice his repeated failure to submit certificate of service is a o Even if respondent did no more than exert efforts to violation of Section 5 of Judiciary Act of 1948 (No organize his court, he could, as other judges have done, Salary w/o cert.) have collected his salaries as judge without being guilty of The reason is simple. He has not yet started performing any dishonesty judicial functions. None of those laws and circulars apply to him Sections 5, 55 and 58 of the Judiciary Act and Circular No. 10 for all of them contemplate judges who are actually holding trials dated February 6, 1952 of the Department of Justice are not and hearings and making decisions and others. applicable to a Judge not actually discharging his judicial duties. WHEREFORE, the herein administrative complaint is hereby dismissed "The Department of Justice has never required judges who have not actually started, to perform their judicial duties to comply with the abovementioned statutory-provisions and circular o Section 5: how could a judge who has not started to discharge his judicial duties certify that 'all special proceedings, applications, petitions, motions, and all civil and criminal cases, which have been under submission for decision or determination for a period of ninety days or more have been determined and decided on or before the date of making the certificate o Sections 55, 58 & Circular # 10: how could a judge hold court in his place of permanent station and observe a daily sessions of the court and render the reports when the court itself is not yet in Physical Existence Clearly, therefore, Sections 5, 55 and 58 of the Judiciary Act and Circular No. 10 cannot apply to such a judge." after taking his oath and formally assuming this position as judge, respondent had a perfect right to earn the salary of a judge even in the extreme supposition that he did not perform any judicial function for he could, while preparing himself for his new job or for any good reason, take a leave, as in fact, he had planned to do, were it not for the request of the Secretary of Justice for him to forego the idea and, instead, help the Department in whatever way possible which would not, it must be presumed, impair his position as a judge. In the circumstances, it was certainly not improper that he rendered some kind of service to the government, since he was receiving salaries, while being unable to perform his regular duties as judge without any fault on, his part.