G.R. No. March 12, 1923
In re Impeachment of Honorable TOMAS FLORDELIZA, Judge of First Instance of the Sixteenth Judicial District.

FACTS

Six members of the Sorsogon bar filed a verified petition for the removal of Judge Tomas Flordeliza. The charges were: (1) false certification regarding the status of cases pending decision, violating Section 129 of the Administrative Code; (2) delay and lack of diligence in case disposition, violating Section 165 of the Administrative Code; and (3) partiality in official duties. The respondent Judge denied all charges and submitted supporting certificates of good moral character and integrity, along with the case records. The Supreme Court, having all necessary facts, proceeded to dispose of the matter directly.

ISSUE

Whether sufficient cause exists to warrant the removal from office of Judge Tomas Flordeliza based on the charges of false certification, delay/negligence, and partiality.

RULING

No. The Supreme Court found no sufficient cause for removal. The general charges of partiality and negligence were not given particular attention, as they were difficult to prove and could stem from disgruntled lawyers. Regarding the most serious charge of false certification under Section 129 of the Administrative Code, the Court corrected the Judge’s erroneous interpretation. The Court held that the 90-day period for deciding submitted cases: (1) includes the time stenographers take to transcribe notes; (2) excludes vacation periods only if the judge is on official leave; (3) runs from the date the case is submitted for decision, not from the clerk’s report; and (4) requires a written decision, not merely an oral one. While the Judge’s construction was wrong, willful and intentional wrongdoing in receiving compensation was not proven. The Court admonished Judge Flordeliza to correct his understanding of the law and to perform his duties more assiduously to address the heavy caseload. The proceedings were ordered filed without further action, with copies furnished to the complainants, the respondent, and the Governor-General.