Monday, March 8, 2021

[CASE DIGEST] IN RE: DESIGNATION OF JUDGE RODOLFO U. MANZANO AS MEMBER OF THE ILOCOS NORTE PROVINCIAL COMMITTEE ON JUSTICE (A.M. No. 88-7-1861-RTC)

October 5, 1988

Ponente: Padilla, J.

FACTS

On June 21, 1988, Ilocos Norte Gov. Rodolfo Farinas issued Executive Order RF6-04 designating Judge Rodolfo Manzano as a member of the Ilocos Norte Provincial Committee on Justice, which was created to insure the speedy disposition of cases of detainees.

Before accepting his appointment, however, Judge Manzano wrote a letter to the Supreme Court seeking the following:

  1. authorization to accept the appointment;
  2. declaration from the Court that his appointment is not unconstitutional; and
  3. declaration that his membership in the said Committee was part of the primary functions of an Executive Judge.

RULING

The Court ruled that it would be unconstitutional for Judge Manzano to become part of the Ilocos Norte Provincial Committee on Justice for two reasons.

First, the said Committee performs administrative functions. Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for; their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence.

Among the Committee's administrative functions are to receive complaints against any apprehending officer, jail warden, final or judge who may be found to have committed abuses in the discharge of his duties and refer the same to proper authority for appropriate action; and recommend revision of any law or regulation which is believed prejudicial to the proper administration of criminal justice.

Second, under the Constitution, members of the Supreme Court and other courts established by law shag not be designated to any agency performing quasi- judicial or administrative functions.

Considering that the membership of Judge Manzano in the Ilocos Norte Provincial Committee on Justice, which discharges a administrative functions, will be in violation of the Constitution, the Court decided to deny his request.