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OCA Vs Judge Ruiz Digest

1) The Office of the Court Administrator filed an administrative complaint against Judge Joseph Cedrick Ruiz for acts he allegedly committed while serving as mayor of Dapitan City. 2) The Sandiganbayan previously found Ruiz guilty of conspiring with a police inspector to withdraw public funds for personal use while mayor. 3) The Supreme Court ruled that judges can be disciplined for acts committed prior to becoming a judge, and that substantial evidence existed to hold Ruiz administratively liable for his past actions as mayor. Ruiz was dismissed from service with forfeiture of benefits and disbarment.

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119 views2 pages

OCA Vs Judge Ruiz Digest

1) The Office of the Court Administrator filed an administrative complaint against Judge Joseph Cedrick Ruiz for acts he allegedly committed while serving as mayor of Dapitan City. 2) The Sandiganbayan previously found Ruiz guilty of conspiring with a police inspector to withdraw public funds for personal use while mayor. 3) The Supreme Court ruled that judges can be disciplined for acts committed prior to becoming a judge, and that substantial evidence existed to hold Ruiz administratively liable for his past actions as mayor. Ruiz was dismissed from service with forfeiture of benefits and disbarment.

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John
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CONSTITUTIONAL LAW 1

Professor: Atty. Sedillo

A.M. No. RTJ-13-2361


Ponente:
[Formerly OCA IPI No.
OCA vs Judge Ruiz 13-4144RTJ]
Submitted by: Submitted on:
February 2, 2016 MONTECILLO, Zyd H.
1st Year, Juris Doctor
Petitioners: Respondents:
Office of the Court Administrator Judge Joseph Cedrick Ruiz

DOCTRINE OF THE CASE:

administrative complaint

NATURE OF PETITION:
Before us is the administrative complaint filed by the Office of the Court Administrator (OCA) against respondent
Judge Joseph Cedrick O. Ruiz, Presiding Judge of the Regional Trial Court (RTC), Branch 61, Makati City

RELEVANT LAWS:
Section 6, Article VIII of the 1987 Constitution
Section 1, Section 8, Rule 140 of the Rules of Court
Code of Judicial Conduct

(if pwede, paste here the law in question or used, only the relevant part)
FACTS:
The Informations essentially alleged that the respondent, then the City Mayor of Dapitan City, had
conspired with Police Inspector (P/Insp.) Pepe Nortal to facilitate the latter's withdrawal of P1
million from the Confidential and Intelligence Fund (CIF) and, thereafter, used this amount for his
(the respondent's) personal benefit.
The Sandiganbayan held that the prosecution successfully proved that the respondent "instigated"
Nortal's withdrawal of a P1 million cash advance from the CIF allotted for the Mayor's Office, and that he
(the respondent) received and used this amount for his personal benefit. The court found that the
respondent directed Nortal's request for the cash advance because he (the respondent) already had four
(4) unliquidated cash advances as of December 31, 2006, and that three of these cash advances (with a
total of P1,384,280.00) already came from the CIF. The testimonies of the city treasurer, the city
accountant, and the city budget officer supported the conclusion that the respondent actively worked for
the approval of the P1 million cash advance.
The Sandiganbayan also found that the respondent acted in bad faith since the cash advance was made
five (5) days after he had lost his bid for re-election, and that the proposed withdrawal covered the CIF
appropriations for the entire year. The court likewise found no merit in the respondent's defense of denial.

Issues Ruling
YES

Is respondent judge liable for acts he is alleged to have committed while


he was still the mayor of Dapitan City?
RULING:
In the proceedings, the Court’s function is limited to the determination of whether substantial evidence
exists to hold the respondent administratively liable for acts he is alleged to have committed while he was
still the mayor of Dapitan City. In this determination, it is immaterial that the respondent was not yet a
member of the Judiciary when he allegedly committed the acts imputed to him; judges may be disciplined
for acts committed prior to their appointment to the Judiciary. It need not be shown that the respondent
continued to do the act or acts complained of; it is sufficient that the evidence on record supports the
charge/s against the respondent through proof that the respondent committed the imputed act/s violative
of the Code of Judicial Conduct and the applicable provisions of the Rules of Court.

Disposition

WHEREFORE, premises considered, Judge Joseph Cedrick O. Ruiz is hereby DISMISSED FROM
THE SERVICE with forfeiture of all benefits, except accrued leave credits, and with prejudice to
reemployment in the Government or any of its subdivisions, instrumentalities, or agencies including
government-owned and -controlled corporations. As a consequence of this ruling, Judge Ruiz is
likewise declared DISBARRED and STRICKEN FROM the roll of attorneys.
Let a copy of this Decision be (1) attached to the records of Judge Ruiz with the Office of the Bar
Confidant of this Court and with the Integrated Bar of the Philippines, and (2) posted at the Supreme
Court website for the information of the Bench, the Bar, and the general public.

SO ORDERED.

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