Tuesday, January 14, 2014

Penalty for grave misconduct of judge. - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG

See - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG


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Judge; Grave Misconduct; Gross Neglect of Duty; Gross Dishonesty; Penalty.  -

Grave misconduct, gross neglect of duty and gross dishonesty of which Judge Salubre, Edig, Palero and Aventurado are found guilty, even if committed for the first time, are punishable by dismissal and carries with it the forfeiture of retirement benefits, except accrued leave benefits, and the  perpetual disqualification for reemployment in the government service. As to Judge Salubre and Edig, however, in view of their deaths, the supreme penalty of dismissal cannot be imposed on them anymore. It is only the penalty of dismissal that is rendered futile by their passing since they are not in the service anymore, but it is still within the Court’s power to forfeit their retirement benefits. 

- Report on the financial audit conducted in the MTCC, Tagum City, Davao del Norte / Office of the Court Administrator v. Judge Ismael L. Salubre, et al., A.M. OCA IPI No. 09-3138-P/A.M. No. MTJ-05-1618, October 22, 2013.

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