This case has been cited 5 times or more.
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2006-11-16 |
PER CURIAM |
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| The Court agrees with the recommendations of Justice Atienza. There is substantial evidence showing that respondent Judge is guilty of serious misconduct for committing acts constituting direct bribery[20] in soliciting and receiving money from Legario in consideration of dismissal of the case filed against her. Although Legario failed to testify at the hearing, her Complaint and Sinumpaang Salaysay which were admitted as part of the testimony of NBI Supervising Agent Atty. Alexander Bautista, constitute evidence to support the conclusion that respondent Judge agreed to dismiss the case against her for material consideration. Verily, in administrative proceedings, as in the instant case, it is not legally objectionable to resolve a case based solely on position papers, affidavits or documentary evidence submitted by the parties considering that affidavits of witnesses may take the place of their direct testimony.[21] | |||||
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2005-03-31 |
CORONA, J. |
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| Due process in an administrative context does not require trial-type proceedings similar to those in courts of justice. Where opportunity to be heard either through oral arguments or through pleadings is accorded, there is no denial of procedural due process.[15] A formal or trial-type hearing is not at all times and in all instances essential. The requirements are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand.[16] The standard of due process that must be met in administrative tribunals allows a certain degree of latitude as long as fairness is not ignored.[17] In other words, it is not legally objectionable for being violative of due process for an administrative agency to resolve a case based solely on position papers, afidavits or documentary evidence submitted by the parties as affidavits of witnesses may take the place of their direct testimony.[18] | |||||
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2005-03-28 |
TINGA, J. |
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| The instant case filed by Catolico is an administrative case for grave misconduct against petitioner for the alleged robbery-holdup and mauling incident that took place on 22 December 1990. In resolving administrative cases, conduct of full-blown trial is not indispensable to dispense justice to the parties. The requirement of notice and hearing does not connote full adversarial proceedings.[49] Submission of position papers may be sufficient for as long as the parties thereto are given the opportunity to be heard. In administrative proceedings, the essence of due process is simply an opportunity to be heard, or an opportunity to explain one's side or opportunity to seek a reconsideration of the action or ruling complained of.[50] This constitutional mandate is deemed satisfied if a person is granted an opportunity to seek reconsideration of an action or a ruling.[51] It does not require trial-type proceedings similar to those in the courts of justice. Where opportunity to be heard either through oral arguments or through pleadings is accorded, there is no denial of procedural due process.[52] | |||||
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2005-02-07 |
YNARES-SANTIAGO, J. |
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| As for respondent Judge, while we agree with the OCA that there is no evidence of complicity on his part with respect to the receipt of the money, nevertheless, he must be advised to be more prudent and circumspect in his dealings. A judge's official conduct should be free from any appearance of impropriety; and his personal behavior, not only in the bench and in the performance of his official duties, but also in his everyday life should be beyond reproach.[20] | |||||
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2003-08-04 |
PUNO, J. |
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| In a catena of cases, the Court has ruled that government employees engaged in illicit relations are guilty of "disgraceful and immoral conduct" for which he/she may be held administratively liable.[410] In these cases, there was not one dissent to the majority's ruling that their conduct was immoral. The respondents themselves did not foist the defense that their conduct was not immoral, but instead sought to prove that they did not commit the alleged act or have abated from committing the act. The facts of the 1975 case of De Dios v. Alejo[411] and the 1999 case of Maguad v. De Guzman,[412] are similar to the case at bar - i.e., the complainant is a mere stranger and the legal wife has not registered any objection to the illicit relation, there is no proof of scandal or offense to the moral sensibilities of the community in which the respondent and the partner live and work, and the government employee is capacitated to marry while the partner is not capacitated but has long been separated in fact. Still, the Court found the government employees administratively liable for "disgraceful and immoral conduct" and only considered the foregoing circumstances to mitigate the penalty. Respondent Escritor does not claim that there is error in the settled jurisprudence that an illicit relation constitutes disgraceful and immoral conduct for which a government employee is held liable. Nor is there an allegation that the norms of morality with respect to illicit relations have shifted towards leniency from the time these precedent cases were decided. The Court finds that there is no such error or shift, thus we find no reason to deviate from these rulings that such illicit relationship constitutes "disgraceful and immoral conduct" punishable under the Civil Service Law. Respondent having admitted the alleged immoral conduct, she, like the respondents in the above-cited cases, could be held administratively liable. However, there is a distinguishing factor that sets the case at bar apart from the cited precedents, i.e., as a defense, respondent invokes religious freedom since her religion, the Jehovah's Witnesses, has, after thorough investigation, allowed her conjugal arrangement with Quilapio based on the church's religious beliefs and practices. This distinguishing factor compels the Court to apply the religious clauses to the case at bar. | |||||