Module 13

Republic v. Sereno
G.R. No. 237426 | May 11, 2018
FACTS:
The Republic led a quo warranto petition against Chief Justice Maria Lourdes P.A. Sereno,
alleging her ineligibility for failing to disclose assets, liabilities, and net worth, violating the
Constitution and ethics standards. The Republic sought to nullify her appointment,
emphasizing her incomplete SALNs during the application.

ISSUES:
Can the Court assume jurisdiction over the quo warranto petition against an impeachable
o cer with a pending impeachment complaint?

HELD:
• The Court clari ed that quo warranto and impeachment are distinct remedies. Quo warranto
assesses eligibility, while impeachment addresses o enses during o ce. Impeachment
proceedings, being inquisitorial, don't bar quo warranto. The Court asserted its jurisdiction to
ensure quali ed individuals hold public o ce.
• The Court granted the quo warranto, declaring Sereno disquali ed, guilty of unlawfully
holding the Chief Justice o ce. She was ousted, the position declared vacant, and the
Judicial and Bar Council directed to start the nomination process. The decision was
immediately executory. Sereno was ordered to show cause for possible sanctions.

Re: Allegations made under oath at the Senate Blue Ribbon

Committee hearing held on September 26, 2013 Against Associate
Justice Gregory S. Ong, Sandiganbayan
A.M. No. SB-14-21-J | September 23, 2014

FACTS:
In the midst of the "pork barrel scam" exposé involving billions of government funds,
Sandiganbayan Associate Justice Gregory S. Ong was implicated by whistleblowers in
transactions and social interactions with the alleged mastermind, Janet Lim-Napoles. The
charges included acting as a contact for Napoles, xing a case resulting in her acquittal,
receiving money, and attending her events.

ISSUES:
1. Did Justice Ong engage in gross misconduct, partiality, and corruption during the Kevlar
case?
2. Was there impropriety in Justice Ong's dealings and socializing with Napoles after her
acquittal?
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 HELD:
The Court found Justice Ong guilty of gross misconduct, dishonesty, and impropriety. Despite
lacking direct evidence of corruption, the association with Napoles after the Kevlar case raised
suspicions of corrupt inclinations. His visits to Napoles' o ce violated the Code of Judicial
Conduct, and his failure to disclose these encounters constituted dishonesty. As a repeat
o ender, Justice Ong was dismissed from service with forfeiture of retirement bene ts and
perpetual disquali cation from reemployment. The decision is immediately executory.

Sultan Ali v. Judge Pacalna

A.M. No. MTJ-03 1505 | November 27, 2013
FACTS:
1. Baguinda-Ali A. Pacalna, former Presiding Judge of the Municipal Circuit Trial Court, Lanao
del Sur, faced administrative charges for dishonesty, serious misconduct, and gross
ignorance of the law.
2. The Decision on September 25, 2007, imposed a ₱20,000 ne on Pacalna for the
mentioned o enses, with a warning of severe consequences for any repetition.

ISSUE:
Whether Baguinda-Ali A. Pacalna's petition for judicial clemency should be granted.

HELD:
1. Pacalna led for clemency, citing his intention to rejoin the judiciary and 17 years of
experience.
2. The Court applied guidelines for clemency petitions, emphasizing proof of remorse,
reformation, and other relevant factors.
3. Respondent's plea lacked su cient proof of repentance, relying mainly on personal claims
without independent evidence.
4. Considering the gravity of Pacalna's transgressions, the Court denied the petition for
judicial clemency.

• The Court denied Baguinda-Ali A. Pacalna's petition for judicial clemency due to insu cient
proof of remorse and reformation, emphasizing the need for factual support and considering
the gravity of his past transgressions.

Office of the Court Administrator v. Reyes

A.M. No. RTJ-17-2506 | November 10, 2020
FACTS:
Respondent Judge Antonio C. Reyes faced administrative charges for gross ignorance of the
law, gross misconduct, and violation of the New Code of Judicial Conduct. The charges
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 stemmed from allegations of corrupt practices, including accepting money in exchange for
acquittals, dismissing cases without proper procedure, and violating the prohibition on plea
bargaining in drug cases.

ISSUE:
Whether respondent Judge Antonio C. Reyes is administratively liable for gross ignorance of
the law, gross misconduct, and violation of Canons 1, 2, and 3 of the New Code of Judicial
Conduct.

HELD:
The Court found substantial evidence supporting the administrative charges. Respondent
Judge Reyes was held administratively liable for gross ignorance of the law, gross misconduct,
and violations of judicial conduct canons. Despite his compulsory retirement during the case's
pendency, his retirement bene ts, except accrued leave credits, were forfeited, and he was
perpetually disquali ed from re-employment in any public o ce, including government-owned
and controlled corporations. The ruling aimed to maintain the judiciary's integrity and uphold
public trust.

DOJ v. Mislang
2016 En Banc
FACTS:
- Former RTC Presiding Judge Rolando G. Mislang led a Petition for Judicial Clemency
seeking to retire with full bene ts and lift his disquali cation for government employment.
- Mislang faced administrative complaints for issuing a TRO, writ of preliminary injunction, and
status quo order in favor of Del n S. Lee, accused of fraudulent loans, despite lacking legal
basis.

ISSUE:
Whether the petition for judicial clemency should be granted.

HELD:
• The Court denied Mislang's petition, citing the lack of a prima facie showing of genuine
remorse and reformation.
• Mislang failed to acknowledge his past wrongs until recently, and his claim of remorse was
deemed insu cient.
• The Court emphasized the importance of proof of remorse, reformation, and the balance
between granting clemency and preserving public con dence in the judiciary.
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