ANTONIO CUTARAN, COMPLAINANT, VS. MUNICIPAL JUDGE SOLOMON VILLANUEVA, AMBAGUIO, NUEVA VIZCAYA, RESPONDENT.

In an unsigned complaint dated
September 30, 1972, Antonio Cutaran of Bayombong,
Nueva Vizcaya, charged
Judge Solomon Villanueva of the Municipal Court of Ambaguio,
Nueva Vizcaya, with being
“always absent from (his) official station and yet received full salary
every month.” The complaint also included as respondents several other
municipal judges, a fiscal and a BIR provincial officer charging them likewise
with other alleged irregularities.

In his comment of January
3, 1973, respondent
Judge Villanueva denied the accusation. 
He categorically stated that the complainant is nowhere to be found in Bayombong, Nueva Vizcaya.  According
to him, even the postal employees of Bayombong tried
hard to locate the complainant because there are three (3) letters of the
Department of Justice addressed to him which are still undelivered.  He also explained that complainant, in
connection with the charge of “absenteeism” might be
referring to the time when he was detailed for three months with the Court of
First Instance of Nueva Vizcaya,
Branch II, or during the rainy season when the mountain trails are impassable
due to mountain slides and he had to hold office at a Sub-Office established at
barrio Masok with the concurrence of other municipal
officials.  Respondent concluded that his
service record and communications with the Department of Justice will bear out
his travails and hardships.

We cannot give due course to this unverified complaint.  It must be stressed that administrative complaints
are accusatorial in nature, hence, they should be subscribed and sworn to and
accompanied by such testimonial and/or documentary evidence as will evince respondent’s
culpability and thus bring him within the supervisory power of this
Tribunal.  It appears that the charge is
a mere conjecture, surmise or inference. 
Administrative charges against judge cannot be based on mere suspicion,
surmise or inference.  The complainant
has the burden of proof and such proof must be solid, clear and convincing to
compel the exercise of disciplinary power over the person indicted.

Moreover, the comment of respondent Judge is satisfactory.

WHEREFORE, this administrative complaint against Municipal
Judge Solomon Villanueva is dismissed for lack of merit.

SO ORDERED.

Teehankee, (Chairman), Fernandez, and De Castro, JJ., concur.

Makasiar and Melencio-Herrera, JJ., concurs in the result.