BONIFACIO SANZ MACEDA, Presiding Judge, Branch 12, Regional Trial Court, Antique, vs. HON. OMBUDSMAN CONRADO M. VASQUEZ AND ATTY. NAPOLEON A. ABIERA.
- G.R. Number: G.R. No. 102781
- Promulgated: 1993-04-22
Doctrine
A judge who falsifies a certification is administratively liable to the Supreme Court under Rule 140 and criminally liable under the Revised Penal Code; Orap does not restrict Ombudsman jurisdiction only to offenses unrelated to official duties.
The Ombudsman cannot compel the Supreme Court to produce its records or personnel; hence, when allegations arise from administrative duties, the Ombudsman must refer the matter to the Supreme Court which has the necessary records to determine the true status of the judge's caseload.
Facts
Petitioner is a regional trial court judge accused in a criminal complaint of falsifying a certificate of service submitted to the Supreme Court.
Petitioner contended the Ombudsman lacked jurisdiction over offenses arising from a judge's official duties, relying on a prior ruling
The Ombudsman investigated and a public respondent filed the complaint; petitioner sought certiorari to prohibit the Ombudsman from proceeding and to require referral to the Supreme Court.
Issues
Whether the Office of the Ombudsman may entertain a criminal complaint for alleged falsification by a judge of a certificate submitted to the Supreme Court.
Whether, assuming the Ombudsman has jurisdiction, it must first refer the matter to the Supreme Court when the complaint arises from the judge's administrative duties.
Ruling
The Ombudsman has jurisdiction to investigate a judge for falsifying a certificate even if the act relates to official duties; the act may also be administratively and criminally sanctionable.
When a criminal complaint against a judge or court employee arises from their administrative duties, the Ombudsman must defer action and refer the complaint to the Supreme Court for determination whether the acts were within the scope of administrative duties; the petition is granted and the Ombudsman is directed to dismiss the complaint and refer it to the Court.