AM SCc 13 18 J So; (July, 2015) (Digest)
G.R. No. A.M. No. SCC-13-18-J, July 1, 2015
Mamiscal v. Clerk of Court Macalinog S. Abdullah, Shari’a Circuit Court, Marawi City
FACTS
The case involves an administrative complaint filed against respondent Macalinog S. Abdullah, Clerk of Court of the Shari’a Circuit Court in Marawi City. The complaint charges Abdullah with partiality, violation of due process, dishonesty, and conduct unbecoming of a court employee. However, a careful examination reveals that the alleged acts were committed by Abdullah not in his capacity as Clerk of Court (a judicial function), but in his capacity as a Circuit Registrar (an executive function). This dual role arises from Article 81 of Presidential Decree No. 1083 (the Code of Muslim Personal Laws), which designates the Clerk of Court of a Shari’a Circuit Court to also act as the Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within his jurisdiction.
ISSUE
Whether the Supreme Court, exercising its administrative supervision over court personnel under Article VIII, Section 6 of the 1987 Constitution , has the authority to discipline the respondent for acts performed in his capacity as a Circuit Registrar, which is an executive function.
RULING
The Supreme Court, through the concurring opinion of Justice Leonen, held that the complaint must be dismissed without prejudice. The dismissal is grounded on the fundamental principle of separation of powers. The Court emphasized that while it has administrative supervision over all courts and their personnel, this authority extends only to acts performed in the exercise of judicial functions. Since the charges against Abdullah pertain to his duties as a Circuit Registrar—an executive function—the power to discipline him lies with the executive branch, not the judiciary.
The opinion further notes that statutory provisions vesting executive functions in judicial officers (like Clerks of Court of Shari’a Circuit Courts) create a constitutional anomaly by placing an enclave within the judiciary that is subject to executive discipline. However, the constitutionality of these provisions was not the lis mota (the central issue) of the case. Consequently, the complaint should be refiled with the proper executive authorities, such as the Department of Justice, the Regional Government of the Autonomous Region in Muslim Mindanao (ARMM), or the National Commission on Muslim Filipinos, as provided under Commonwealth Act No. 3753 and related laws.