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Bulado v. Tiu, Jr. AUTHOR: Magsino, Patricia Marie C.

[A.M. No. P-96-1211, Mar. 31, 2000] Note:


TOPIC: Investigation and adjudication: part of quasi-judicial power of
administrative agencies
PONENTE: Per curiam
Facts:

Petitioner (Executive Judge Pacifico S. Bulado):


Bulado (then Executive Judge of the RTC of Negros Oriental) wrote a letter referring to the Office of the
Court of Administrator (OCA) the matter of Domingo T. Tiu, Jr a utility worker assigned to Branch 44
of the RTC of Dumaguete City
Bulado stated that Tiu was notoriously undesirable
He detailed the many offenses that Tiu had committed
o Not reporting for work and instead hiring another person to do his work
o Using the office of Branch 55 as his personal quarters, and inviting another person to live with
him
o Interfering with a pending criminal case by promising to release a bail bon absent a court order
Upon recommendation of OCA, the court opted to treat Bulados letter as an administrative complaint
against Tiu

Respondent (Domingo T. Tiu, Jr.):


Tiu states that there is no basis for the allegations against him, and that the complaint was a result of a
personal vendetta caused by an old feud in the Bulado clan (Tiu and Bulado belong in this clan)
He alleges that Bulado had asked him to withdraw a previous complaint against Atty. Ricafort and
another court personnel in exchange of a promotion, and the dismissal of the complaint against him

OCA Decision:
OCA recommended the dismissal of Tiu
OCA gave weight to Bulados complaint because it was supported by numerous affidavits executed by
other court personnel
OCA received information that Tiu has a pending application for the position of Clerk III that could not
be acted upon because of the administrative case against him
Judge Tan (presiding judge of Branch 44) informed the court that Bulado had already forgiven Tiu and
recommended that the case be withdrawn
OCA reiterated their recommendation dismiss Tiu
OCA pointed out that the actions in an administrative case is independent of the will of the complainant

ISSUE(S):
Should Domingo T. Tiu, Jr. be dismissed
HELD:
YES.
DOMINGO T. TIU, JR. is DISMISSED.
RATIO:

Even if complainant (Bulado) forgave Tiu, the Court is charged with the responsibility to enforce discipline in
the judiciary
As quoted in the decision:
o Withdrawal of the complaint will not free respondent from his administrative liability, particularly
because administrative proceedings against public employees are imbued with public interest,
public office being a public trust.
The need to maintain the faith and confidence of the people in the government, its agencies and its
o
instrumentalities requires that proceedings in administrative cases should not be made to depend on
the whims and caprices of the complainants who are, in a real sense, only witnesses therein. This
Court cannot be bound by the unilateral act of a complainant in a matter that involves its disciplinary
authority over all employees of the judiciary; otherwise, our disciplinary power may be put to naught.
CASE LAW/ DOCTRINE:

DISSENTING/CONCURRING OPINION(S):