AM RTJ 13 2361 Bersamin (Digest)
G.R. No. RTJ-13-2361. February 2, 2016
OFFICE OF THE COURT ADMINISTRATOR, complainant, vs. PRESIDING JUDGE JOSEPH CEDRICK O. RUIZ, REGIONAL TRIAL COURT, BRANCH 61, MAKATI CITY, respondent.
FACTS
This administrative case arose from the Sandiganbayan’s conviction of respondent Judge Joseph Cedrick O. Ruiz for violation of Section 3(e) of R.A. No. 3019 and malversation of public funds. The charges stemmed from his alleged involvement in the irregular withdrawal of a P1,000,000.00 Confidential Intelligence Fund when he was the Mayor of Dapitan City. The Office of the Court Administrator (OCA) recommended that the Judge be formally charged and suspended, as his conviction for crimes involving moral turpitude constitutes a serious administrative offense.
ISSUE
Whether respondent Judge should be dismissed from the judiciary and disbarred based on his criminal convictions which are pending appeal.
RULING
In his dissenting opinion, Justice Bersamin argued against the majority’s imposition of dismissal and disbarment. The primary legal logic is that the administrative adjudication is premature because the criminal convictions are not yet final and are under timely appeal. Imposing the ultimate administrative penalties now risks prejudicing the pending criminal appeal, as the factual findings in this administrative case could unduly influence the appellate review of the convictions.
Justice Bersamin further contended that even if administrative liability is unavoidable, the penalties should be mitigated. He identified several factors: the respondent’s nearly 30 years of government service; the act was committed in his former capacity as Mayor, unrelated to his judicial functions; this is his first administrative sanction; and the criminal conviction relied heavily on the testimony of a co-accused who was not properly discharged as a state witness, potentially affecting the evidence’s reliability. Given these mitigating circumstances, the dissent urged the application of a lesser penalty under the Rules of Court. Justice Bersamin voted to impose a fine of P40,000.00 instead of dismissal and to lift the order of disbarment, as the alleged misconduct did not involve his professional ethical conduct as a lawyer.