ADMINISTRATIVE ORDER NO. 192, November 21, 1969

SUSPENDING MR. PASCUAL S. VALERA FROM OFFICE AS MUNICIPAL JUDGE OF BAROTAC NUEVA, ILOILO

This is an administrative case filed by Mr. Ireneo Panaguiton against Municipal Judge Pascual S. Valora of Barotac Nuevo, Iloilo, in connection with his decision in Criminal Case No. 209 (for damage to property through reckless imprudence), sentencing the accused upon his plea of guilty to pay a fine of P30 plus costs without, however, taking into consideration that the damages claimed by the complainant amounted to P3,000 more or less.

The facts are not disputed. When the criminal case was filed, it was set by the respondent for preliminary investigation. On the scheduled date the accused, with the agreement of the complainant and his counsel, offered to plead guilty and to pay a fine of not more than P50, as they had already settled the matter amicably. Herein complainant, however, more than three months following promulgation of the judgment, filed a motion to set it aside for lack of jurisdiction. Respondent denied the motion and a subsequent petition for reconsideration on the ground that the judgment had already become final.

After the instant case had been formally investigated by the District Judge, the complainant, in his letter of January 28, 1967, requested the Secretary of Justice that he be allowed to withdraw his complaint and to consider as dropped and closed the administrative case against the respondent on the ground that he was convinced that the respondent had acted in good faith in connection with his actions in Criminal Case No. 209. The claim of good faith is nevertheless without sufficient basis because the respondent admitted not only that he set the criminal case originally for preliminary investigation but also that he objected to allowing the accused to plead guilty because he lacked jurisdiction to decide the case.

In view of the amount of damages alleged in the criminal complaint, the penalty of fines provided in Article 365 of the Revised Penal Code is from P3,000 to P9,000, the imposition of which falls under the jurisdiction of the Court of First Instance pursuant to Section 8 of the Judiciary Act (Republic Act No. 296). Such jurisdiction could not be assumed by the respondent because jurisdiction over the subject matter in a judicial proceeding is conferred by law and in the manner prescribed by the same (U.S. vs. Dela Santa, 9 Phil. 22, 26). Neither could it be acquired by consent or acquiescence of any or all of the parties or by an erroneous belief of the court that it exists (People v. Martinez, 76 Phil. 599).

As shown by the evidence, the respondent allowed himself to be induced by the parties in the case to illegally assume jurisdiction and to decide it. I agree with the finding of the investigation Judge that the respondent was negligent when he failed to have the criminal complaint amended in conformity with the amicable settlement of the parties to enable him to impose the proper penalty.

Wherefore, and as recommended by the District Judge with the concurrence of the Secretary of Justice, Municipal Judge Pascual S. Valera of Barotac Nuevo, Iloilo, is hereby suspended from office without pay for one (1) month and warned that a repetition of similar irregularities will be dealt with more severely.

Done in the City of Manila, this 21st day of November, in the year of Our Lord, nineteen hundred and sixty-nine.

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.) ERNESTO M. MACEDA

Executive Secretary