PAULA S. QUIZON, TERESITA G. HIPOLITO, VICTORIA D. SAMIA, BENJAMIN S. VERGARA, ROMULO DE JESUS, BENIGNO RAMOS, AND HONORATO LAYUG, COMPLAINANTS, VS. JUDGE JOSE G. BALTAZAR, JR. …

On July 25, 1975,
the Court promulgated a Resolution in the above-entitled case, the dispositive portion of which reads, as follows:

“WHEREFORE, IN VIEW OF ALL THE FOREGOING, respondent is hereby found guilty of grave
ignorance of the provisions of Article 360 of the Revised Penal Code as amended
by Republic Act No. 4363 and of the provisions of Section 87 of the Judiciary
Act of 1948, as amended, for which he shall suffer the penalty of suspension
without pay for a period of six (6) months, effective upon receipt of this resolution.”^[1]

A copy of the resolution was received by the respondent on August 8, 1975, and on August 14, 1975,^[2]
he filed a motion for the reconsideration of said resolution.^[3]
On August 19, 1975, the
respondent filed a Supplemental Motion for Reconsideration, praying for the
modification of the judgment upon the ground that the penalty imposed upon him
“is highly incommensurate to the
error committed, if there was any.”^[4] Both motions were denied on August 17, 1977.^[5]

But, while said motions were pending consideration, the
Collecting and Disbursing Officer of this Court, in contemplation of the
resolution of July 25, 1975,
withheld payment of the salary of the respondent judge, corresponding to the
months from September, 1975 to February, 1976, inclusive, although the
respondent judge was regularly performing his judicial duties during said
period.

On September 9, 1977, the
respondent judge filed a second motion for the reconsideration of the
Resolution of July 25, 1975, praying that since he was not paid his
salary for six (6) months, thus
serving part of the punishment meted to him and leaving only that portion of
suspension unserved, the judgment “be modified
by suppressing therefrom the suspension from office
and thus modified the non-payment of salary be pronounced to have been complied with by the respondent.”^[6] The Court, however, denied the motion
on May 9, 1979.^[7]

On June 4, 1979, the respondent judge filed a pleading denominated CLARIFICATORY
MANIFESTATION, respecting the execution of the resolution of July 25, 1975,
asking whether or not he will still be suspended for six (6) months, but with
pay since the monetary portion of the judgment had already been satisfied when
his salary for the period of six (6) months had been withheld from him.^[8]

The Executive Officer recommends:

“x
x x that the order of suspension of
respondent judge for the period of six (6) months without pay be now implemented.  However, considering that his salary (under
the old rate) for seven (7) months (September 1975 to March 1976) were actually
withheld from him while he continued to serve as such judge after he filed his
motion for reconsideration of the order of suspension issued by this Court on
July 25, 1975, the total amount of what was withheld from him should be
refunded to him, or in the alternative his present salary may be paid to him
while serving the six (6) months suspension (his salary for the same period under
the old rate having been withheld from him already) or to release to him during his suspension the difference between
his present salary and his old salary.”^[9]

After considering the circumstances of the case, as well as the
arguments adduced, We are of the opinion that it would be just and reasonable
to all concerned by amending the judgment and reduce the penalty imposed upon
the respondent judge to a fine equivalent to his salary for six (6) months and then consider the judgment,
so amended, as having been fully satisfied in view of the non-payment of the
respondent’s salary for the same period. 
For one, no material benefit will be attained in further suspending the
respondent from his position, and
nothing is lost in allowing him to continue with the performance of his
judicial duties.  Upon the other hand, to
remit to the respondent judge his withheld salary and thereafter order his
suspension from office without pay, pursuant to the resolution of July 25,
1975 would leave the
Municipal Court of Mabalacat, Pampanga
without a judge and thereby cause the clogging of its docket. 
With the imposition of the fine, the judicial actuations of the
respondent judge shall have been sufficiently rectified as to dissuade him from committing another mistake.

WHEREFORE, the resolution of May 9, 1979 is set
aside, and the resolution of July 25, 1975 is hereby amended to the effect that
the respondent judge is sentenced to pay a fine equivalent to his salary for six (6) months; and it appearing that
the respondent judge has not been paid his salary for such a period, such
non-payment of his salary shall be considered as satisfaction in full of the
judgment, as amended, and the case considered CLOSED.  The respondent judge is enjoined to be more
sedulous in the discharge of his judicial duties.  The commission of a similar offense will be
dealt with more severely.

SO ORDERED.

Barredo, (Chairman), Antonio, Aquino, and Abad Santos, JJ., concur.

Santos, J., on leave.

^[1]
Rollo, p. 287.

^[2]
Id., p. 309.

^[3]
Id., p. 292.

^[4]
Id., p. 313.

^[5]
Id., p. 338.

^[6]
Id., p. 339.

^[7] Id.,
p. 348.

^[8]
Id., p. 350.

^[9]
Id., p. 349.