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footnotes OCA vs. vs. Judge FERRARIS, JR

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[36] Sy Bang v. Mendez, 350 Phil. 524, 531 (1988).

[37] Dysico v. Dacumos, 330 Phil. 834, 841 (1996).

[38] REVISED RULE ON SUMMARY PROCEDURE, RESOLUTION OF THE EN BANC (1991), Sec. 10, provides:
Sec. 10. Rendition of Judgment. – Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment. x x x.[39] Criminal Case Nos. 19-04013 to 19-04018, rollo, p. 394.
 
[40] Civil Case No. 10,538-G-01, Civil Case Nos. 16,713-G-04 and 16,911-G-04, and Civil Case No. 21,207-G-08, id. at 394-395.

[41] Memorandum dated November 13, 2020, id. at 378-379.

[42] Civil Case No. 21,451-G-09, Civil Case No. 10,673-G-2001, and Civil Case No. 13,778-G-2003, id. at 393-394.

[43] Revised Rule on Summary Procedure, Resolution of the Court En Banc (1991). Pursuant to Section 36 of the Judiciary Reorganization Act of 1930 (B.P. Blg. 129) and to achieve an expeditious and inexpensive determination of the cases referred to herein, the Court Resolved to promulgate the following Revised Rule on Summary Procedure.

[44] Memorandum dated November 13, 2020, rollo, pp. 379-381.

[45] Memorandum dated November l3, 2020, id. at 383-384, 387.

[46] A.M. NO. 03-1-09, July 13, 2004. RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION - DISCOVERY MEASURES

[47] A.M. No. 21-08-08-SC.

[48] Id.

[49] See Re: Reports on the Eraffle Procedure in the Regional Trial Court, Manila, A.M. No. 18-07-142-RTC, promulgated on February 15, 2022.

[50] Reyes-Domingo v. Branch Clerk of Court, supra note 2 at 161.

[51] Id.

[52] Id.

[53] Id.

[54] Civil Service Commission v. Rabang, 572 Phil. 316, 322-323 (2008).

[55] See Office of the Court Administrator v. Bernardino, 490 Phil. 500, 521 (2005).

[56] See Gordon v. Judge Lilagan, 414 Phil. 221, 230 (2001).

[57] Id.; Juan v. Arias, 164 Phil. 396, 401 (1976).

[58] See Santos v. Leaño, 781 Phil. 342, 360 (2016); citing Anico v. Pilipiña, 670 Phil. 460, 470 (2011).

[59] Rollo, p. 1.

[60] Id.

[61] Portes v. Tepace, 334 Phil. 839, 846-847 (1997).

[62] Anico v. Pilipiña, supra at 469.

[63] Section 24. Retroactive Effect. – All the foregoing provisions shall be applied to all pending and future administrative cases involving the discipline of Members, officials, employees, and personnel of the Judiciary, x x x.

x x x.

[64] Supra note 29 at 716-717.

[65] Rollo, p. 1.

[66] Memorandum dated November 13, 2020, p. 15, A.M. No. 21-08-09-SC, rollo, p. 391.

Section 19. Modifying Circumstances. — x x x
(1) Mitigating circumstances:

x x x

(b) Length of service or at least ten (10) years with no previous disciplinary record where respondent was meted with an administrative penalty.[67] See Re: Reports on the Eraffle Procedure in the Regional Trial court, Manila, supra note 44.

[68] Supra note 2 at 162.

[69] 608 Phil. 334, 349 (2009).

[70] A.M. No. 21 -08-09-SC, Section 17. Sanctions. –

(1) If the respondent is guilty of a serious charge, any of the following sanctions shall be imposed:

x x x

(c) A fine of more than P100,000.00 but not exceeding P200,000.00

[71] A.M. No. 21-08-09-SC, Section 17. Sanctions. – x x x

(2) If the respondent is found guilty of a less serious charge, and of the following sanctions shall be imposed:

x x x

(b) A fine more than P35,000.00 but not exceeding P100,000.00

[72] Section 20. Manner of Imposition. – x x x

If one or more mitigating circumstances and no aggravating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not less than half of the minim urn prescribed under this Rule.

x x x (Emphasis supplied)

Source: Supreme Court E-Library | Date created: May 22, 2023


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