MELENCIO PARANE, COMPLAINANT, VS. JUDGE RICARDO A. RELOZA, RESPONDENT.

The factual findings of this Court’s Third Division, in its 04
August 1994 resolution, is hereby adopted. Hence –

“Complainant Melencio Parane, in his two letters, dated 26
June 1991 and 17 February 1992, requested the assistance of the Office of the
Court Administrator in expediting the disposition of MTC Civil Case No. 335
(Melencio Parane vs. Leonardo Giray, et al.) for forcible entry, with preliminary mandatory injunction, pending
before respondent Judge’s sala at Laoang, Northern Samar. The case was submitted for decision in
August 1991. The Office of the Court Administrator,
in its first indorsement, dated 23 July 1991, required respondent Judge to
comment on the complaint. There having
been no response, a second indorsement, dated 23 March 1992, was sent. Respondent Judge once more failed to
comply. A tracer, dated 10 June 1992,
was sent to him reiterating the directive; still, no word was received by the
Office of the Court Administrator.

“Meanwhile, another letter, dated 18 September 1992, was filed by
complainant, charging respondent Judge with having violated Section 3.05, Canon
3, of the “Canons of Judicial Ethics” (Code of Judicial Conduct).

“In a resolution, dated 10
November 1992, issued by the Court En Banc, respondent Judge was directed to comment on the
complaint. No compliance was received
by the Court from respondent Judge. In
its resolution of 04 March 1993, this Court ordered respondent Judge (1) to
show cause why no disciplinary action should be taken against him for such failure; and (2) to comply, nevertheless, with the
Court’s resolution of 10 November 1992. Again, respondent Judge did not heed the order. On 22 July 1993, the Court thereupon
resolved: (a) to impose on respondent
Judge a fine of Five Hundred Pesos (P500.00), payable within five days from
notice, or imprisonment of five days in case of failure to pay the fine; and
(b) to require him to still comply with the Court’s resolution of 10 November
1992, within ten days from notice. In a
certification, dated 21 April 1994, Mrs. Araceli C. Bayuga, Cashier V of the
Disbursement and Collection Division of this Court, reported that, as of said
date, no record of such payment appeared to have yet been made by respondent
Judge. The case was referred to the
Office of the Court Administrator for evaluation, report and recommendation.

“In a memorandum, dated 18 May 1994, submitted by Deputy Court
Administrator Bernardo P. Abesamis, approved by Court Administrator Ernani
Cruz-Paño, the Office of the Court Administrator, convinced that respondent
Judge had unquestionably showed indifference
in complying with this Court’s resolutions, recommended thusly:

“‘ACCORDINGLY, it is respectfully recommended that respondent
Judge Ricardo A. Reloza be (a) SUSPENDED for a period of six (6) months
without pay not deductible to his accumulated leave credits, if any; (b) DIRECTED to comply with the Resolution of this Court dated July 22, 1993
with STERN WARNING that non-compliance therewith will be dealt with more
severely; and (c) Executive Judge Tomas B. Noynay, RTC, Branch 21, Laoang,
Northern Samar be DIRECTED to conduct an inspection and submit a
report on the docket and calendar of MTC, Laoang, Northern Samar and to
designate an Acting Judge on the said court during the suspension of Judge
Ricardo A. Reloza.”‘

In the aforesaid resolution of 04 August 1994, the Court, wishing
to afford respondent Judge another opportunity to explain himself, resolved
thusly:

“WHEREFORE, finding respondent Judge guilty of gross
misconduct and insubordination in his continued failure to comply with the
lawful orders of this Court, the Court hereby IMPOSES on respondent Judge a
FINE of Five Thousand Pesos (P5,000.00). Said respondent is still required to COMPLY with the resolution of 22
July 1993 within TEN (10) days from receipt hereof, with a STERN WARNING that
non-compliance therewith will be dealt with most severely as so hereinabove
expressed. Executive Judge Tomas B.
Noynay, Regional Trial Court, Branch 21, Laoang, Northern Samar is also
DIRECTED to conduct an inspection and submit a report on the docket and
calendar of the Municipal Trial Court, Laoang, Northern Samar, within sixty
(60) days from his receipt hereof.”

The Registry Return Receipt would disclose that the Court’s 04
August 1994 resolution was received by respondent Judge on 12 August 1994. He had, therefore, until 22 August 1994
within which to comply with the Court’s directive.

To date, respondent Judge has not submitted his compliance by
filing a comment on the administrative complaint against him. Furthermore, a certification, dated 05
October 1994, by Mrs. Araceli C. Bayuga, Cashier V of the Disbursement and
Collection Division of the Court, shows that respondent Judge has not paid the
fine of P5,000.00 which the Court has earlier imposed.

This contumacious conduct and his disregard of the Court’s mandate should merit no
further compassion. Respondent’s
continued refusal to abide by lawful directives issued by this Court can mean
no less than his own utter lack of interest to remain with, if not his contempt
of, the system to which he has all along pretended to belong.

WHEREFORE, the Court resolves to DISMISS respondent Judge
from the service with forfeiture of all benefits and disqualification from
reinstatement or appointment to any public office including any
government-owned or controlled corporation. This Resolution shall take effect upon respondent Judge’s receipt of a
copy hereof.

SO ORDERED.

Narvasa, C.J., Padilla, Bidin, Regalado, Davide, Jr., Romero,
Bellosillo, Melo, Quiason, Puno, Vitug, Kapunan, and
Mendoza, JJ., concur.

Feliciano, J., on leave.