43. PEOPLE V.

GACOTT 246 SCRA 52

Facts Issues Ruling

For failure to check citations of the W/N a division of this Yes. Section 11 of Article VIII clearly
prosecutions, the order of Court is competent to shows that there are actually two
respondent RTC Judge Gacott administratively situations envisaged therein. The first
dismissing a criminal case was discipline a member clause which states that "the Supreme
annulled by the Second Division of of the Judiciary Court en banc shall have the power to
the Supreme Court. Judge Gacott discipline judges of lower courts," is a
was also sanctioned with a declaration of the grant of that disciplinary
reprimand and a fine of power to, and the determination of the
P10,000.00 for gross ignorance of procedure in the exercise thereof by, the
law. He filed a motion for Court en banc.
reconsideration in lieu with the
decision of the Court of his penalty Only cases involving dismissal of judges
wherein he questioned the of lower courts are specifically required to
competence of the Second be decided by the Court en banc, in
Division of this Court to cognizance of the need for a thorough
administratively discipline him. and judicious evaluation of serious
charges against members of the judiciary,
it is only when the penalty imposed does
not exceed suspension of more than one
year or a fine of P10,000.00, or both, that
the administrative matter may be decided
in division.