The Supreme Court has found Judge Jacinto M. Dela Cruz Jr., presiding judge of Branch 81, Regional Trial Court, Asingan, Pangasinan, liable for simple misconduct and ordered him to pay a fine of PHP 25,500.00 within three months from notice of the Decision. The charge of gross misconduct as a member of the Philippine Bar was dismissed for lack of merit.
The Case
The Complaints Docket Services of the Judicial Integrity Board (JIB) received an anonymous letter dated July 5, 2022 complaining that Judge Dela Cruz Jr. — then presiding over Branch 33, Regional Trial Court, Bauang, La Union — was rendering decisions online by reading only the dispositive portion, then releasing the hard copies of the full decisions several months later, with some copies antedated to make it appear that the decisions were issued within the required 90-day period. The letter also noted that acquitted and convicted accused alike were unable to obtain court clearances or file appeals because hard copies of decisions had not yet been released.
From July 3 to 7, 2023, an OCA Investigation Team conducted a spot audit of Branch 33. The branch clerk of court, Atty. Schelma Surating-Yanguas, confirmed that hard copies of promulgated decisions were belatedly furnished to party-litigants and that Judge Dela Cruz Jr. had brought some case records home and had yet to return them. As of July 4, 2023, at least 21 case records were still in his possession. The OCA recommended the filing of administrative charges for gross misconduct and falsification of official documents.
In his Verified Comment dated November 7, 2023, Judge Dela Cruz Jr. admitted the lapses and delays, explaining that he needed additional time for proofreading, editing, and related tasks, compounded by personal and work-related difficulties during the COVID-19 pandemic. He stated that before promulgation, counsels were asked whether judgment would be read in full text or by dispositive portion only, and that most opted for the dispositive portion. He also stated that acquitted persons deprived of liberty were immediately ordered released on the same day of promulgation.
The Issue
The Court considered whether Judge Dela Cruz Jr. was liable for gross misconduct, falsification of official documents, and gross misconduct as a member of the Philippine Bar for belatedly furnishing hard copies of decisions to litigants long after their promulgation, antedating those copies, and making false statements in his certificates of service.
The Ruling
The Supreme Court found Judge Dela Cruz Jr. liable only for simple misconduct — not gross misconduct — under Canon VII, Section 19 of A.M. No. 25-04-04-SC, or the 2025 Code of Judicial Conduct and Accountability (CJCA). The Court held that while his practice of belatedly furnishing hard copies of decisions was violative of established rules, it had "no element of corruption, clear intent to violate the law, or flagrant disregard of an established rule."
The Court's dispositive order reads: "ACCORDINGLY, the Court finds Judge Jacinto M. Dela Cruz Jr., presiding judge, Branch 81, Regional Trial Court, Asingan, Pangasinan, LIABLE of simple misconduct under Canon VII, Section 19 of A.M. No. 25-04-04-SC or the 2025 Code of Judicial Conduct and Accountability. He is meted a FINE in the amount of PHP 25,500.00, to be paid within three months from notice of this Decision. The charge of gross misconduct as a member of the Philippine Bar under Canon II, Section 11 of the Code of Professional Responsibility and Accountability is DISMISSED."
By the Numbers
- Anonymous letter received: July 5, 2022
- OCA spot audit: July 3–7, 2023
- Case records still in judge's possession as of July 4, 2023: at least 21
- Delay in releasing hard copies of decisions: three to 11 months after promulgation
- Fine imposed by the Supreme Court: PHP 25,500.00 (half of the PHP 51,000.00 minimum prescribed penalty)
- JIB-recommended fine: PHP 51,000.00
- JIB-recommended penalty: dismissal from service
The Court's Reasoning
The Court acknowledged that the practice of promulgating decisions by reading only the dispositive portion and providing full hard copies only three to 11 months later "is an undesirable practice that must be immediately halted," and that certificates of service must "faithfully reflect the real docket and accomplishments in accordance with the established rules of procedure." However, it stopped short of finding gross misconduct, noting the absence of corruption or flagrant disregard of the rules.
In determining the penalty, the Court applied mitigating circumstances under Canon VII, Sections 24 and 25 of the CJCA, including: Judge Dela Cruz Jr.'s exemplary performance with no backlog in his docket; the fact that all decisions for which hard copies were not immediately available had already been released; that no accused was denied the right to appeal or file a motion for reconsideration; that he had no prior violations; and that he admitted his infractions "with utmost humility on bended knees." The Court also considered the challenges posed by the COVID-19 pandemic from 2020 to 2022. These mitigating circumstances supported the imposition of a fine of PHP 25,500.00, or half of the minimum prescribed penalty.
The charge of gross misconduct as a member of the Philippine Bar for false representations under Canon II, Section 11 of the Code of Professional Responsibility and Accountability was dismissed for lack of merit.
Source: A.M. No. RTJ-25-112 (Formerly JIB FPI No. 22-185-RTJ), Supreme Court of the Philippines, ponente: Associate Justice Azaro-Javier.
This report summarizes a public Supreme Court decision and is not legal advice.