A.M. No. MTJ-90-388. June 19, 1990

THE OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE VIRGILIO S. LANSANG, MTC, CLARK FIELD, ANGELES CITY, RESPONDENT.

Decisions / Signed Resolutions June 19, 1990 EN BANC
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PER CURIAM:


An administrative
complaint, dated
February 26, 1990, was filed against Judge Virgilio S. Lansang,
Metropolitan Trial Court, Clark Field,
Angeles City, based on the following findings of the
Judiciary Planning Development and Implementation Office and the Deputy Court
Administrator Reynaldo
L. Suarez
in the course of an investigation conducted in his court, as follows:

“1.     Cases deemed submitted for decision, some
of which had been submitted since 1979
and 1982 had remained undecided as of
January 3, 1990, contrary to
his monthly certifica­tion that
he has no pending civil and criminal cases under submission for decision or
determination beyond the 90-day period.

“2.     Cases calendared for hearing during the
month of June 1989 to December 1989, show that for the month of October 1989,
only one (1) hearing was conducted; for November, only one (1) hearing also;
for December, also one (1) hearing; for the month of January 1990, only two (2)
days have been set for trial hearing; for the month of February 1990, only one
(1) and for the month of August 1989, it appears that no case has been disposed
of.

“3.     While it has been verified from reports and
records in his office that he has been solemnizing several marriages between
Filipino citizens and Americans or foreigners on an average of about three (3)
marriages a day aside from notarizing public documents for a fee, his monthly
reports for 1989 to the Statistic Division of this Court do not show any
marriage solemnized or document notarized by him.

“4.     The accumulated caseload of 182 cases has
remained invariably a back log which has not been reduced over the year despite
the few cases that are filed averaging from 4 to 6 cases a month only.”
(Complaint, pp. 1-2)

Earlier however, on January
26, 1990
, in view of
the special visit of Court of Appeals Associate Justice Leonor
Ines Luciano to the
Metropolitan Trial Court, Clark Field, prompted by various complaints against
Judge Lansang and the latter being aware of the
seriousness of the charges, respondent Judge submitted his irrevocable
resignation to take effect
January 31, 1990.

In his Comment dated April 4,
1990
, respondent
Judge summed up his reasons in this wise:

“x x x my
failure to decide, to settle cases load was the non-apprehension or arrest of
the accused, the existence of rift between me and the Clerk of Court, became
almost irreconcilable, as manifes­ted in the inconsistent monthly report, which
was full of intrigue and inaccuracy, which lead me to say I could no longer
stay, and happy working with them.  That
even before this controversy, I have nursed the idea of resigning.” (p. 3,
Comment)

Considering all the allegations, issues and arguments raised in
the complaint and in the Comment and the resignation letter of respondent Judge
dated January 26, 1990, the
Court finds Judge Virgilio S. Lansang
GUILTY of the charges complained of.  His
actuations, practices and conduct are unbecoming of a judicial officer; his
acts of commission and omission having been committed through admitted negligence
on his part, failure to report to the Supreme Court or to the Court
Administrator, his grievances against his own Clerk of Court against whom he
never filed any formal
complaints regarding the latter’s alleged irregularities; his apparent
acceptance of the accuracy of the reports submitted by his Clerk of Court; and
unmitigated failure to ask for administrative remedies from the Supreme Court
and Court Administrator and the existence up to now of 182 pending cases which according to the Court
Administrator had been submitted for decision, and not merely pending
trial.  The Court likewise Resolved not
to accept such resignation (acceptance of resignations from the judiciary being
a prerogative of the President of the Philippines),
but instead to consider him RETIRED, with all benefits and gratuities
forfeited.

Narvasa, Melencio-Herrera,
Gutierrez, Jr., Cruz, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Griño-Aquino, Medialdea, and Regalado, JJ., concur.

Fernan, C.J., and Cortes, JJ., on leave.