A sitting judge who files a certificate of candidacy for an elective office violates the constitutional prohibition against partisan political activity by civil servants, commits gross misconduct and dishonesty by continuing to perform judicial functions and receive salary thereafter, and is consequently deemed unfit to remain in the judiciary, warranting dismissal from service effective from the date of filing the CoC.

The case arose from complaints lodged with the Office of the Court Administrator (OCA) against Judge Casan Ali Limbona of the 10th Shari'a Circuit Court, Tamparan, Lanao del Sur. The complaints alleged chronic absenteeism and, more significantly, that the judge had filed a certificate of candidacy as a party-list nominee for the Development Foundation of the Philippines (DFP) in the May 11, 1998 elections while remaining an active member of the judiciary and continuing to receive his judicial salary.

• The OCA received a letter dated July 13, 1998, from Ashary M. Alauya, Clerk of Court, reporting complaints against Judge Casan Ali Limbona for absenteeism, filing a Certificate of Candidacy (CoC) as a party-list candidate while serving as judge, and improperly obtaining employee benefit checks.
• COMELEC records confirmed that Judge Limbona filed a CoC as a party-list candidate for the Development Foundation of the Philippines (DFP) in the May 11, 1998 elections.
• Judge Limbona did not inform the OCA about his candidacy and continued to draw his judicial salary after filing the CoC (effective March 26, 1998).
• Judge Limbona denied consenting to or having knowledge of the CoC filing, attributing it to the DFP President's "honest mistake" and "malicious negligence," and claiming the signature on the CoC was forged.
• An NBI handwriting analysis requested by the OCA concluded that the questioned signature on the CoC and Judge Limbona's standard sample signatures were written by the same person.
• Despite filing the CoC, Judge Limbona continued performing his judicial duties and receiving his salary from March 26, 1998, to November 30, 1998.
• The charge of neglect of duty due to absenteeism was found unsubstantiated by the OCA, supported by staff affidavits and a mayoral certification.
• Alauya later denied authoring the initial complaint letter and requested his name be removed as complainant.

• The OCA, pursuing the administrative complaint, argued that Judge Limbona filed a CoC for the 1998 elections while holding judicial office.
• The OCA contended that filing a CoC constitutes partisan political activity prohibited for members of the judiciary and the civil service.
• The OCA asserted that Judge Limbona's continuation of judicial functions and receipt of salary after filing the CoC, coupled with his denial and claim of forgery despite evidence to the contrary, constituted gross misconduct and dishonesty.
• The OCA recommended Judge Limbona's dismissal, forfeiture of benefits, bar from re-employment, and refund of salaries received after filing the CoC.

• Judge Limbona denied filing the CoC or consenting to be a party-list nominee for the May 1998 elections.
• He claimed he had no knowledge of his supposed candidacy until informed by the OCA and the Court.
• He asserted that the signature on the CoC was not his and was forged, submitting an affidavit from the DFP President accepting responsibility for the inclusion of his name.
• He argued that because he was never a candidate, he rightfully continued performing his judicial duties.
• He denied the allegation of absenteeism and submitted affidavits from his staff and a certification from the local mayor attesting to his presence and performance.
• He claimed that the Court's orders withholding his salary and requiring a refund violated his right to due process as he had not yet been adjudged guilty.

• Did Judge Limbona file a certificate of candidacy for the May 1998 party-list elections while serving as a judge?
• Does filing a certificate of candidacy while holding judicial office and subsequently continuing to perform judicial duties constitute gross misconduct and dishonesty?
• Was Judge Limbona guilty of neglect of duty due to absenteeism?
• What is the appropriate administrative penalty for Judge Limbona's actions?

• Yes, the Court found, based on the NBI's conclusive handwriting analysis, that Judge Limbona himself signed and filed the certificate of candidacy, negating his defense of forgery and lack of knowledge.
• Yes, the Court ruled that filing a CoC is an act of partisan political activity expressly prohibited by the Constitution for civil servants, including judges. By filing the CoC without resigning, and by continuing to perform judicial functions and receive salary, Judge Limbona committed grave offenses (Gross Misconduct and Dishonesty) rendering him unfit to remain in the Judiciary.
• No, the Court affirmed the OCA's finding that the charge of neglect of duty due to absenteeism was unsubstantiated.
• The Court declared Judge Limbona GUILTY of GROSS MISCONDUCT and DISHONESTY, ordering his DISMISSAL from service effective March 26, 1998 (the date of CoC filing), with FORFEITURE of all accrued retirement benefits and monetary entitlements, if any, and BARRED him from re-employment in the government. He was also DIRECTED TO REFUND salaries and benefits received from March 26, 1998, to November 30, 1998.

• Prohibition on Partisan Political Activity by Civil Servants: Defined by Article IX-B, Section 2(4) of the Constitution, which mandates that "no officer or employee in the civil service shall engage directly or indirectly, in any electioneering or partisan political campaign." This was applied because the Court held that Judge Limbona's filing of a certificate of candidacy was a direct engagement in partisan political activity, as he offered himself to the electorate for an elective post, thus violating this constitutional prohibition.
• Gross Misconduct: Defined as improper or wrongful conduct demonstrating a willful intent to violate the law or disregard established rules, which must be grave, serious, and related to the performance of official duties. This was applied to Judge Limbona's act of filing a CoC while holding judicial office and continuing his functions, deemed a serious transgression incompatible with the standards expected of a judge.
• Dishonesty: Defined as a disposition to lie, cheat, deceive, or defraud; an absence of integrity. This was applied to Judge Limbona's actions of concealing his candidacy from the judiciary, continuing to draw salary after being deemed resigned by law upon filing his CoC, and attempting to mislead the Court with a false claim of forgery.
• Deemed Resigned Rule (Implicit application): The principle that appointive officials are considered automatically resigned upon filing a certificate of candidacy for an elective office was implicitly applied. The Court's decision to make the dismissal effective from the date of the CoC filing (March 26, 1998) reflects the operation of this rule, making his subsequent actions as a judge and receipt of salary improper.

• "Judge Limbona committed grave offenses which rendered him unfit to continue as a member of the Judiciary."
• "...in filing a certificate of candidacy...Judge Limbona violated not only the law, but the constitutional mandate that 'no officer or employee in the civil service shall engage directly or indirectly, in any electioneering or partisan political campaign.'"
• "For his continued performance of his judicial duties despite his candidacy for a political post, Judge Limbona is guilty of grave misconduct in office."
• "Judge Limbona's concealment of his direct participation in the 1998 elections while remaining in the judiciary's payroll and his vain attempt to mislead the Court by his claim of forgery, are patent acts of dishonesty rendering him unfit to remain in the judiciary."

• A.M. No. SCC-03-08, Emelyn A. Limbona v. Judge Casan Ali Limbona: Cited as a related case involving a charge that the respondent judge continued performing functions and receiving salary after filing his CoC, which was forwarded by the Second Division for consideration and resolved within the present decision. It was cited for procedural context rather than as substantive precedent.

• Constitution of the Republic of the Philippines, Article IX-B, Section 2(4) (Prohibition on partisan political activity for civil servants).
• Administrative Code of 1987 (E.O. 292), Book V, Section 55 (Cited in conjunction with the constitutional prohibition on political activity).
• Rules of Court, Rule 140, Sections 2 and 3 (Referenced regarding the classification or nature of charges like dishonesty and gross misconduct, punishable by dismissal under the rule).