SECOND DIVISION
[A.M. No. MTJ-15-1851. November 25, 2015.][Formerly OCA IPI No. 13-2591-MTJ]
CHUA KENG SIN, petitioner, vs. JUDGE JOB M. MANGENTE, METROPOLITAN TRIAL COURT, BRANCH 54, NAVOTAS CITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated25 November 2015 which reads as follows:
''A.M. No. MTJ-15-1851 [Formerly OCA IPI No. 13-2591-MTJ]: CHUA KENG SIN v. JUDGE JOB M. MANGENTE, METROPOLITAN TRIAL COURT, BRANCH 54, NAVOTAS CITY
This is a Complaint 1 filed by Chua Keng Sin against respondent Metropolitan Trial Court Judge Job M. Mangente for gross ignorance of the law and gross inefficiency relative to a criminal case for slight physical injuries docketed as Criminal Case No. 10-13570, entitled People of the Philippines v. Chua Keng Sin. 2
On April 9, 2013, complainant executed a Complaint-Affidavit stating that respondent's violation of the Local Government Code's provisions on Katarungang Pambarangay, 3 Section 18 of the 1991 Revised Rules on Summary Procedure 4 and Rule 37, Section 4 of the Revised Rules of Court 5 denied him of his right to the speedy disposition of his case. 6 Complainant asserts that the laws and rules that respondent failed to apply are so basic and elementary that their violation constitutes gross ignorance of the law and gross inefficiency. 7
In the Decision 8 dated February 11, 2015, respondent was found "guilty of gross ignorance of the law and [was] suspended from service for six (6) months, with a warning that a repetition of the same or similar act shall be dealt with more severely." 9
On April 14, 2015, respondent filed his Motion for Reconsideration. 10 The Motion raised the same arguments in his Comment, 11 which were already properly addressed by this court in its Decision. In the Resolution 12 dated July 20, 2015, the Motion for Reconsideration was denied with finality.
On August 11, 2015, the Metropolitan and City Judges Association of the Philippines filed an Appeal for Mercy and Compassion 13 dated August 4, 2015 in relation to the Decision of this court dated February 11, 2015. Signed by 17 Judges 14 comprising the Officers and Board of Trustees of the Metropolitan and City Judges Association of the Philippines, Inc., the letter seeks the "reconsideration of the penalty imposed" 15 on respondent. While they admit that respondent deserves to be disciplined, they also ask that a degree of clemency be extended on account of the following extenuating circumstances: 16
(a) Respondent had been a faithful public servant for thirty-four (34) years, having served nine (9) years of his career as a Public Attorney, twelve (12) years as a Public Prosecutor, and six years (6) as a Judge; 17
(b) When respondent assumed the position of Metropolitan City Judge of Branch 54, Navotas City, "he inherited a court docket of almost 3,000 cases[.]" 18 In a span of four (4) to five (5) years, he was able to reduce this docket to more than 900 cases. This shows his efficiency and competence in performing his judicial functions; 19
(c) Respondent contributed to the growth and development of the Metropolitan and City Judges Association of the Philippines, Inc. as Auditor and Trustee, "despite his case load, and [being a] solo parent to his two (2) daughters;" 20
(d) Respondent is "battling a serious illness [and] is undergoing medical treatment requiring a sizeable expense;" 21 and
(e) Respondent's mistake was "purely an oversight on account of the volume of [his] work, [and] he has shown remorse [for it.]" 22
The letter begs that this court extend mercy and compassion in tempering the punishment meted upon respondent. 23 TCAScE
On October 2, 2015, respondent filed a Motion for Leave of Court to Admit the Attached 2nd Motion for Reconsideration 24 and a Motion for Reconsideration. 25 In his second Motion for Reconsideration, respondent seeks the mercy and compassion of this court that the penalty of suspension of six (6) months be modified by imposing a fine of P5,000.00 instead. 26 He writes that he understands the mistakes he committed, but that he was not motivated by ill will. 27 He also discloses that he was diagnosed with prostate cancer last year, for which he is undergoing hormonal treatment. 28 The treatment is stated to last for three (3) years. 29
Respondent is seeking for mercy and compassion since without a source of income for six (6) months, he would have to "obtain loans from relatives and friends for his expensive treatment and sustenance." 30
In his Manifestation 31 dated October 1, 2015, respondent states that he has served out his six-month suspension and has resumed his official function as of September 30, 2015. 32
Due to the circumstances surrounding respondent's health, as well as his acknowledgment of his negligence, we resolve to exercise judicial clemency and grant his second Motion for Reconsideration.
WHEREFORE, premises considered, the penalty imposed on respondent Judge Job M. Mangente, Presiding Judge of Branch 54 of the Metropolitan Trial Court, Navotas City, in the Decision dated February 11, 2015, is MODIFIED. Respondent Judge Job M. Mangente is ordered to pay a fine of P10,000.00, with a warning that a repetition of the same or similar act shall be dealt with more severely.
SO ORDERED."
(Carpio, J., on official leave; Brion, J., designated as Acting Chairperson per S.O. No. 2281 and Velasco, Jr., J., designated as Acting Member per S.O. No. 2282, both dated November 13, 2015.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 1-11.
2. Id. at 75, Office of the Court Administrator-Administrative Matter for Agenda.
3. Id. at 4, Complaint.
4. Id.
5. Id. at 76-77, Office of the Court Administrator-Administrative Matter for Agenda.
6. Id. at 9.
7. Id.
8. Chua Keng Sin v. Judge Mangente, A.M. No. MTJ-15-1851, February 11, 2015 <http://sc.judiciary.gov.ph/jurisprudence/2015/february2015/MTJ-15-1851.pdf> [Per J. Leonen, Second Division].
9. Id. at 7.
10. Rollo, pp. 96-103.
11. Id. at 33-39.
12. Id. at 113.
13. Id. at 110-112.
14. Id. at 112. The Judges who signed the letter were: Judge Grace P. Chavez-Ty, MTCC Branch 3-Lipa City, Batangas; Judge Leilani Marie Dacanay-Grimares, MeTC Branch 87-Parañaque City; Judge Rodolfo S. Gatdula, MTCC Balanga City, Bataan; Judge Sylvia P. Lamoste, MTCC Branch 1-Tacloban City, Leyte; Judge Rodolfo D. Vapor, MTCC Tangub City, Misamis Occidental; Judge James T. Sy, MeTC Branch 76-Marikina City; Judge Arlinda G. Resari, MTCC Branch 1-Legaspi City, Albay; Judge Evelyn D. Arsenio, MTCC Victorias City, Negros Occidental; Judge Michelia O. Capadocia, MTCC El Salvador, Misamis Oriental; Judge Restituto V. Mangalindan, Jr., MeTC Branch 46-Pasay City; Judge Eduardo Ramon R. Reyes, MeTC Branch 68-Pasig City; Judge Miriam Orquieza-Angot, MTCC Branch 1-Ozamiz City, Misamis Occidental; Judge Earl Charito J. Ruelo, MTCC Branch 5-Iligan City, Lanao del Norte; Judge Maria Clarita Casuga-Tabin, MTCC Branch 4-Baguio City; Judge Rene B. Gonzales, MTCC Branch 7-Iloilo City; Judge Elmer R. Bernardo, MTCC Batac City, Ilocos Norte; and Judge Eleuteria Badoles Algodon, MTCC Branch 2, Cagayan de Oro City.
15. Id. at 110.
16. Id. at 110-111.
17. Id. at 110.
18. Id.
19. Id.
20. Id.
21. Id. at 111.
22. Id.
23. Id.
24. Id. at 114-115.
25. Id. at 116-119.
26. Id. at 116-117.
27. Id. at 117.
28. Id. at 118.
29. Id.
30. Id.
31. Id. at 120-121.
32. Id. at 120.