Judge Lucio L. Rodriguez, Tabogon, Cebu
Lucio was admitted to the Bar in 1941. He was appointed as Justice of the Peace of Tabogon, Cebu by President Ramon del Fierro Magsaysay on August 14, 1956.
Years later, Atty. Lucio L. Rodriguez was appointed as Municipal Judge of Tabogon, Cebu. Then on May 16, 1974 a complaint for misconduct and/or misbehavior was filed against Judge Rodriguez. The complaint alleged that Judge Rodriguez acted as counsel of one Pedro Apa during a preliminary investigation for falsification before the Provincial Fiscal of Cebu. The complaint also alleged that Judge Rodriguez notarized the documents of Pedro Apa, which was the basis of the falsification charge.
Judge Rodriguez was required to comment on the complaint, which the latter vehemently denied. Judge Rodriguez explained that he notarized the affidavit of Pedro Apa in his capacity as ex-officio notary public and that during the preliminary investigation of the falsification case against Pedro Apa he acted not as his counsel but as "moderator" or amicus curiae or friend of the court. This was with the implied permission of the Fiscal. Pedro Apa was the cultivator of a piece of land belonging to Judge Rodriguez.
While an administrative investigation was pending, the President of the Philippines accepted Judge Rodriguez's courtesy resignation. The case would have been dismissed by the Supreme Court due to the resignation of Judge Rodriguez but the latter filed an urgent petition on May 7, 1976 praying for a formal investigation. The Supreme Court acting on the petition of Judge Rodriguez referred the complaint to the Executive Judge of the Court of First Instance of Cebu City for investigation, report, and recommendation.
Judge Mariano A. Zosa, Executive Judge of the Court of First Instance of Cebu set the complaint for hearing on September 20, 21, and 22 but because the complainant was not duly notified, the hearing was reset to October 6,8, and 11, 1976. The complainant sent a letter dated September 30, 1976, which was received by Judge Zosa, formarlly withdrawing the complaint against Judge Rodriguez.
Judge Rodriguez despite the withdrawal of the complaint insisted on presenting his evidence which was received by Judge Zosa on October 6, 1976. The documents presented by Judge Rodriguez to clear his name, consisted of a letter addressed to the Provincial Fiscal of Cebu requesting for clarification on the question of whether he appeared as counsel for Pedro Apa. The second document is the reply of Provincial Fiscal Santiago N. Medina stating that per record of the investigation, Judge Rodriguez did not appear as counsel of Pedro Apa. The stenographic notes evidencing that Judge Rodriguez did not appear as counsel of Pedro Apa. There was also a certification from Judge Eusebio Arnoco, Acting Municipal Judge of Tabogon, Cebu, to the effect that the affidavit executed by Pedro Apa was subscribe and sworn by Judge Rodriguez in his capacity as Municipal Judge and Ex-Officio Notary Public of Tabogon, Cebu.
The Supreme Court approved the recommendation of Judge Zosa to dismiss the complaint and the exoneration of Judge Rodriguez on the ground that the charges against him were not substantiated.
The Resolution of the Supreme Court exonerating Judge Rodriguez was dated January 31, 1978, it was written by Justice Antonio.
The contemporaries of Judge Rodriguez as Justices of the Peace of the different municipalities of Cebu, who were appointed on August 14, 1956 were: Celso Mundo (admitted to the Bar on January 31, 1955), assigned in Catmon, Eusebio Arnoco, assigned in Borbon, Jose Manulat (admitted to the Bar on February 17, 1955, his hometown was Danao) of Poro, Pacita Jabagat (became a lawyer in 1941, her hometown was Ginatilan) assigned in Alegria, Numeriano F. Carreon (admitted to the Bar on January 25, 1952, his hometown was Barili) assigned in Ronda.
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