In re Quijano

A.M. No. 361-MJ · 1977-08-31 · J. CONCEPCION JR., J.: · Primary: Ethics
REITERATION

Facts

The Antecedents: An anonymous letter was addressed to the Secretary of Justice, lodging a complaint against Judge Sabas Quijano of the Municipal Court of Da-anbantayan, Cebu, for alleged irregularity in the performance of his official duties. Procedural History: The Secretary of Justice referred the anonymous letter to the National Bureau of Investigation (NBI) Director for a discreet investigation of the judge. The NBI Director submitted a final report on February 2, 1977. The Petition: The complaint was based on an anonymous letter.

Issue(s)

Whether the anonymous complaint against Judge Sabas Quijano should be given due course. Whether there is sufficient evidence to support the charge against the respondent-judge.

Ruling

The case is hereby dismissed. A copy of the resolution is ordered to be spread on the record of the respondent-judge.

Ratio Decidendi

On whether the anonymous complaint against Judge Sabas Quijano should be given due course: The Court ruled that anonymous complaints should not be entertained. This is supported by Section 32, Article VII of Republic Act No. 2260, which states that no complaint against a civil service official or employee should be given due course unless it is in writing and subscribed and sworn to by the complainant. The Court has consistently held this position in previous rulings. On whether there is sufficient evidence to support the charge against the respondent-judge: The NBI Director's final report, submitted on February 2, 1977, concluded that there was no evidence to support the charge against the respondent-judge. This lack of evidence, coupled with the procedural infirmity of an anonymous complaint, led to the dismissal of the case.

Main Doctrine

Anonymous complaints against civil service officials should not be given due course unless in writing and subscribed and sworn to by the complainant, and generally, anonymous complaints should not be entertained.

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