Maceda V Vasquez

MACEDA v VASQUEZ
Doctrine: Where a criminal complaint against a Judge or other court employee arises
from their administrative duties, the Ombudsman must defer action on said
complaint and refer the same to the Court for determination whether said Judge or
court employee had acted within the scope of their administrative duties.
FACTS:
In his affidavit-complaint dated April 18, 1991 filed before the Office
of the Ombudsman, respondent Abiera of the PAO alleged that
petitioner Maceda had falsified his Certificate of Service 1 dated
February 6, 1989, by certifying "that all civil and criminal cases
which have been submitted for decision or determination for a
period of 90 days have been determined and decided on or before
January 31, 1998," when in truth and in fact, petitioner knew that
no decision had been rendered in five (5) civil and ten (10) criminal
cases that have been submitted for decision.
Respondent Abiera further alleged that petitioner similarly falsified
his certificates of service for the months of February, April, May,
June, July and August, all in 1989; and the months beginning
January up to September 1990, or for a total of seventeen (17)
months.
On the other hand, Maceda contends that he had been granted by
this Court an extension of ninety (90) days to decide the
aforementioned cases. He also contends that the Ombudsman has
no jurisdiction over said case despite this Court's ruling in Orap vs.
Sandiganbayan, since the offense charged arose from the judge's
performance of his official duties, which is under the control and
supervision of the Supreme Court. Furthermore, the investigation of
the Ombudsman constitutes an encroachment into the Supreme
Court's constitutional duty of supervision over all inferior courts.
ISSUE: Whether the Office of the Ombudsman could entertain a
criminal complaint for the alleged falsification of a judge's
certification submitted to the Supreme Court, and assuming that it
can, whether a referral should be made first to the Supreme Court.
HELD:
No. In the absence of any administrative action taken against him

by this Court with regard to his certificates of service, the
investigation being conducted by the Ombudsman encroaches into
the Court's power of administrative supervision over all courts and
its personnel, in violation of the doctrine of separation of powers.
Article VIII, section 6 of the 1987 Constitution exclusively vests in
the Supreme Court administrative supervision over all courts and
court personnel, from the Presiding Justice of the Court of Appeals
down to the lowest municipal trial court clerk. By virtue of this
power, it is only the Supreme Court that can oversee the judges'
and court personnel's compliance with all laws, and take the proper
administrative action against them if they commit any violation
thereof. No other branch of government may intrude into this
power, without running afoul of the doctrine of separation of
powers.
A judge who falsifies his certificate of service is administratively
liable to the Supreme Court for serious misconduct and inefficiency
under Section 1, Rule 140 of the Rules of Court, and criminally
liable to the State under the Revised Penal Code for his felonious
act.
Thus, the Ombudsman should first refer the matter of petitioner's
certificates of service to this Court for determination of whether
said certificates reflected the true status of his pending case load,
as the Court has the necessary records to make such a
determination. The Ombudsman cannot compel this Court, as one
of the three branches of government, to submit its records, or to
allow its personnel to testify on this matter, as suggested by public
respondent Abiera in his affidavit-complaint.
In fine, where a criminal complaint against a Judge or other court
employee arises from their administrative duties, the Ombudsman
must defer action on said complaint and refer the same to this
Court for determination whether said Judge or court employee had
acted within the scope of their administrative duties.

Maceda V Vasquez

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MACEDA v VASQUEZ

No. In the absence of any administrative action taken against him

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