Case Title: Office of the Court Administrator v. Hon. Globert J. Justalero
Court: Supreme Court of the Philippines
Date: April 3, 2024
Facts:
- Judge Globert J. Justalero was preventively suspended on January 20, 2016 as Presiding Judge of RTC Branch 32, Iloilo City pending investigation of administrative charges against him.
- On January 18, 2023, the Supreme Court found Judge Justalero guilty of gross ignorance of the law and procedure and gross misconduct, imposing a penalty of one-year suspension without pay.
- Judge Justalero filed letters seeking clarification on the computation of his suspension period and requesting back wages for the time he was preventively suspended.
Issues:
- Whether the one-year suspension penalty should be deemed served given Judge Justalero’s prolonged preventive suspension
- Whether Judge Justalero is entitled to back salaries and benefits for the period of preventive suspension
Ruling:
- The one-year suspension penalty is deemed served in view of Judge Justalero’s continued suspension from September 30, 2016 until his reinstatement.
- Judge Justalero is entitled to back salaries, allowances and other economic benefits from September 30, 2017 up to his reinstatement. The one-year period from September 30, 2016 to September 30, 2017 is deducted to account for the one-year suspension penalty.
Ratio:
- Under the amended Rule 140 of the Rules of Court, preventive suspension should not exceed 90 days unless extended by the Supreme Court for compelling reasons.
- Delay in case resolution not attributable to the respondent judge should not extend the preventive suspension period.
- Equity considerations warrant partial grant of back salaries/benefits when preventive suspension exceeds the imposed penalty period.
The Court also laid down guidelines on awarding back salaries and benefits for respondents with pending administrative cases, based on the outcome and circumstances of each case.