Documentos de Académico
Documentos de Profesional
Documentos de Cultura
ISSUE/S:
DISSENT: observed, lest the principle of separation of powers on
• J. Gutierrez Jr: Administrative functions refer to which our government rests by mandate of the people
management actions, determinations, and orders of thru the Constitution be gradually eroded by practices
executive officials as they administer the laws and try to purportedly motivated by good intentions in the interest
make government effective. There is an element of of the public service.
positive action, of supervision or control. The membership - It is thus of grave importance to the judiciary under our
in the Provincial or City Committee on Justice would not present constitutional scheme of government that no
involve any regulation or control over the conduct and judge of even the lowest court in this Republic should
affairs of individuals. Neither will the Committee on place himself in a position where his actuations on
Justice promulgate rules and regulations nor exercise any matters submitted to him for action or resolution would
quasi-legislative functions. Its work is purely advisory. The be subject to review and prior approval and, worst still,
majority opinion suggests the giving of assistance by reversal, before they can have legal effect, by any
Judges to the work of the Committees on Justice. authority other than the Court of Appeals or this Supreme
Assistance is a vague term. If judges cannot become Courts, as the case may be.
members, why should they be allowed or even
encouraged to assist these Committees. The line drawn by
the majority is vague and unrealistic.
• J. Melencio-Herrera: The Committee on Justice cannot be
likened to such an administrative agency of government.
It is a study group with recommendatory functions. In fact,
membership by members of the Bench in said committee
is called for by reason of the primary functions of their
position.
GARCIA v. MACARAIG
FACTS: Garcia filed an administrative complaint against
Garcia in his former capacity as CFI judge for “dishonesty,
violation of oath of office, gross incompetence, and
violation of RA 296. Particularly, she alleges that Macaraig
didn’t submit monthly report of cases and hours in session
that the court held daily, and that he collected his salary
despite non submission of certificate of service in violation
of sec. 5, Judicial Act.
ISSUE/S:
1. WON Macaraig violated Sec. 5 of Judicial Act — NO
- Macaraig has not prepared and submitted any of the
reports of accomplishments and status of cases in his sala
because has not yet started performing any judicial
functions. However, he could not be blamed for not
actually holding office in the court to which he was
appointed was not of his making. The other officials in
charge of providing him therewith seem to have been
caught unprepared and have not had enough time to
have it ready.
- The line between what a judge may do and what he may
not do in collaborating or working with other offices or
officers under the other great departments of the
government must always be kept clear and jealously