Minor v. Agbu
REITERATIONFacts
The Antecedents: Complainants, members of the Board of Directors of Zamboanga del Sur Electric Cooperative, Inc. (ZAMSURECO), filed an administrative complaint against respondent Municipal Circuit Trial Court Judges Delfin E. Agbu and Loreto M. Quinto, who were also elective members of the ZAMSURECO Board of Directors. The complaint invoked a Supreme Court en banc resolution dated May 29, 1980, enjoining judges from acting as directors of electric cooperatives due to potential prejudice to the administration of justice. Procedural History: The respondent judges asserted their right to be directors under P.D. No. 269 and claimed their board duties, meeting only twice a month on Saturdays, did not interfere with their judicial functions. They questioned the Supreme Court's resolution, viewing it as a mere denial of a request for permission rather than a binding prohibition. Despite a letter-directive from Justice Maceren to resign, and subsequent Supreme Court resolutions on January 8, 1987, and February 12, 1987, ordering them to resign immediately or face consequences, the judges initially resisted. Judge Quinto eventually tendered a conditional resignation, citing financial difficulties. Judge Agbu, however, refused to comply, arguing the directive was arbitrary and that the administrative case against them had not yet been decided. The Petition: The complainants prayed for the respondent judges to desist from acting as directors, to restitute financial emoluments received, and to face disciplinary action, including dismissal and disbarment.
Issue(s)
Whether the respondent judges' continued service as directors of ZAMSURECO despite Supreme Court directives constitutes gross misconduct warranting disciplinary action. Whether the respondent judges are liable for restitution of emoluments received as directors after the Supreme Court's directive to resign.
Ruling
The Court found that the respondent judges' failure to comply with the policy enjoining them from participating in the affairs of electric cooperatives, after being directed to resign, merits disciplinary action. Respondent Judge Loreto Quinto was reprimanded for his conditional resignation and failure to comply immediately. Respondent Judge Delfin E. Agbu, who obdurately refused to comply, was suspended for six months. Both judges were directed to make restitution of emoluments received from ZAMSURECO starting January 13, 1987.
Ratio Decidendi
On the issue of misconduct and disciplinary action: The Supreme Court reiterated its policy, established in Lapena v. Marcos, enjoining judges from acting as directors of electric cooperatives. This policy is rooted in the Court's constitutional power of administrative supervision to ensure the impartial, expeditious, and proper administration of justice. The Court found that the respondent judges were repeatedly called to this policy and directed to resign. Their continued refusal to comply, particularly Judge Agbu's obdurate stance, constituted a failure to abide by clear directives, thereby warranting disciplinary action. The Court emphasized that the legal issues raised by the respondents had already been addressed in prior rulings, rendering their continued defiance inexcusable. On the issue of restitution: The Court held that from January 13, 1987, when the respondents received the resolution requiring them to resign, the Supreme Court's policy was abundantly clear. Therefore, the respondent judges could not in good faith claim entitlement to per diems, allowances, and other benefits received as ZAMSURECO directors from that date onwards. Consequently, they were directed to make restitution of all amounts received from ZAMSURECO starting January 13, 1987.
Main Doctrine
Judges are enjoined from acting as directors of electric cooperatives as their duties and functions as such will prejudice and interfere with the expeditious and proper administration of justice. Failure to comply with this directive warrants disciplinary action, including reprimand, suspension, and restitution of emoluments received after the directive was issued.