G.R. No. RTJ-97-1390 & RTJ-98-1411; October 17, 2001
Atty. Cesar B. Meris and Francisco R. Hernandez, complainants, vs. Judge Carlos C. Ofilada, RTC-Br. 15, Malolos, Bulacan, respondent.

FACTS

This administrative matter resolves a “Plea of Mercy” filed by Ms. Irene Diaz Ofilada, wife of the late respondent Judge Carlos C. Ofilada. In a Decision dated August 5, 1998, the Supreme Court found Judge Ofilada guilty of grave abuse of authority, evident partiality, gross incompetence, and ignorance of the law. The penalty imposed was dismissal from service with forfeiture of all retirement benefits and leave credits, with prejudice to reemployment in any government office.
Ms. Ofilada pleaded for compassion, citing her husband’s 37 years of government service, rising from court janitor to RTC judge, and his current suffering from various illnesses that confined him to a wheelchair, necessitating funds for medical expenses. While her plea was pending consideration, Judge Ofilada passed away on April 30, 2001.

ISSUE

Whether, based on humanitarian grounds and subsequent legal developments, the heirs of the late Judge Carlos C. Ofilada may be granted the money equivalent of his accrued leave credits and a portion of his retirement benefits, despite the earlier final judgment ordering their total forfeiture.

RULING

The Supreme Court granted the plea in part, modifying its 1998 Decision. The Court acknowledged that the penalty of dismissal with total forfeiture of benefits is sanctioned by civil service rules. However, it has consistently tempered the administration of justice with compassion in appropriate cases, considering the long years of service and the dire personal circumstances of the erring official or their family.
Crucially, the Court noted the amendment to Rule 140 of the Rules of Court, effective October 1, 2001, which explicitly provides that for a serious charge, the sanction may include dismissal and forfeiture of benefits, but “the forfeiture of benefits shall in no case include accrued leave credits.” It also allows the Court to determine the extent of forfeiture of retirement benefits. The Court emphasized that even prior to this amendment, it had, in similar cases, granted dismissed judges their accrued leave credits and portions of their retirement benefits based on humanitarian considerations.
Applying these principles and the spirit of the amended rule, the Court resolved to grant the heirs of Judge Ofilada the money equivalent of all his accrued sick and vacation leaves. Furthermore, in light of his long service and compassionate circumstances, the Court awarded a gratuity equivalent to twenty-five percent (25%) of his retirement benefits. The dispositive portion of the August 5, 1998 Decision was modified accordingly.