G.R. No. A.M. No. RTJ-91-762. October 1, 1993
DR. ERNESTO J. YUSON, petitioner, vs. JUDGE FEDERICO V. NOEL, respondent.

FACTS

Complainant Dr. Ernesto J. Yuson filed a collection case (Civil Case No. II-746) against spouses Benjohn and Gloyna Fetalvero in the Regional Trial Court of Iligan City, Branch 2, presided by respondent Judge Federico V. Noel. A decision was rendered in favor of Yuson on December 6, 1988, amended on April 25, 1989, ordering the defendants to pay Yuson P42,720.00 plus interest and attorney’s fees. The decision became final and executory after no appeal was taken. The defendants paid the P42,720.00 principal obligation directly to Judge Noel, who issued a “Receipt of Deposit” dated June 15, 1989, acknowledging receipt of the amount. Yuson, unaware of this payment, filed a Motion for Execution on September 11, 1989, which was only granted on April 6, 1990, after he sought the Supreme Court’s intervention. A writ of execution was issued, leading to a levy on the defendants’ properties. The defendants then informed the sheriff of the prior payment to Judge Noel, evidenced by the receipt. Judge Noel failed to resolve the subsequent motion to quash the writ and did not deliver the money to Yuson or the court’s accountable officer, despite a final demand. Yuson filed this administrative complaint.

ISSUE

Whether respondent Judge Federico V. Noel is administratively liable for misconduct, specifically for misappropriating the P42,720.00 paid to him in satisfaction of a final judgment.

RULING

Yes, respondent Judge Federico V. Noel is administratively liable. The Court, adopting the findings of the Investigating Justice, found that Judge Noel misappropriated the P42,720.00 for his own use. His defense—that he received a check and returned it to the defendants’ counsel for replacement—was rejected as unworthy of belief. The “Receipt of Deposit” indicated receipt of cash, not a check, and his failure to promptly address the motion to quash or disclose the payment evidenced his culpability. His actions constituted gross misconduct, abuse of authority, and violation of the trust inherent in his office, impairing the integrity of the judiciary. Accordingly, the Court DISMISSED Judge Federico V. Noel from service, with prejudice to reemployment in any government position, forfeiture of all retirement benefits (except accrued leave credits), and ordered him to pay complainant Dr. Ernesto J. Yuson P42,720.00 with legal interest from January 15, 1989, until fully paid. The decision is immediately executory.