Professional Documents
Culture Documents
(1) PANES VS. DINOPOL 1. Whether the issuance by respondent Judge Dinopol
of the 24 March 2007 twin Orders constitutes gross
FACTS: ignorance of the law?
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Legal Ethics 3B
return an amount arising from a transaction before implies a transaction that is private and outside of
the Regional Trial Court of Valenzuela City. official transactions, the rules do not thereby intrude
into public officials private lives; they simply look at
their actions from the prism of public service and
consider these acts unbecoming of a public
The RTC and the CA, on appeal, ruled in official. These rules take into account that these are
favor of Manlapaz. actions of officials who are entrusted with public
duties and who, even in their private capacities,
ISSUE:
should continually act to reflect their status as public
servants. Employees of the judiciary should be living
examples of uprightness not only in the performance
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Legal Ethics 3B
of official duties but also in their personal and private going out with a woman not his wife, and for him
dealings with other people so as preserve at all to be involved in rearing game cocks.
times the good name and standing of the courts in
the community. 3. OCA recommended that Judge Achas be
reprimanded as to the charge of immorality. It was
further recommended that he be ordered to refrain
from going to cockpits or avoid such places
Here, the complainants claim is a just debt.
altogether, with a warning that the same or similar
The willfulness of Judge Sabillo in not paying is
complaint in the future shall be dealt with more
shown by his continuous failure to settle despite
severely. The other charges were recommended to
demand letters sent to him. Thus, the court imposed
be dismissed for lack of merit.
the penalty of fine.
ISSUE:
1. Whether or not anonymous complaints may
(3) ANONYMOUS, complainant vs.JUDGE RIO be filed against judges.
ACHAS, respondent 2. Whether or not the alleged acts committed by
A.M. No. MTJ-11-1801
Judge Achas constitute immorality thus
27 February 2013
violating New Code of Judicial Ethics
FACTS:
specifically Canon 2 and Canon 4.
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Legal Ethics 3B
activities through his connection with the duties, must be beyond reproach, for he is
kuratongs, (3) comes to court very untidy and perceived to be the personification of law and
dirty, and (4) decides his cases unfairly in justice. Thus, any demeaning act of a judge
exchange for material and monetary degrades the institution he represents.
consideration were, therefore, properly
recommended dismissed by the OCA for lack of (4) RE: Complaint of Leonardo A. Velasco
evidence. Against Associate Justices Francisco H.
Villaruz,Alex Quiroz and Samuel Martirez of the
2. The charges that (1) it is of public knowledge
SANDIGANBAYAN
that he is living scandalously with a woman not
A.M. OCA IPI No. 10-25-SB-J January 15, 2013
his wife and that (2) he is involved with
FACTS:
cockfighting/gambling are, however, violative of
Mayor Pacifico C. Velasco (Pacifico) was
the New Code of Judicial Ethics. Judge Achas
convicted by the Sandiganbayan guilty for the
clearly violated Canon 2 and Canon 4 by going
violation of R.A. 3019 (Anti-Graft & Corrupt Practices
out in public with a woman who is not his wife.
Act). Pacifico sought several reconsiderations before
There is no evidence to prove that Judge Achas
the Supreme Court but the latter denied all of it.
is engaged in gambling, but he admitted that he
These motions and pleadings delayed the execution
is rearing cocks for leisure. Although it is not
of his sentence despite the finality of his conviction.
illegal, Judge Achas should avoid mingling with
In a hearing for the execution of Pacificos sentence
a crowd of cockfighting enthusiast and bettors
before the Sandiganbayan his counsel made several
as it is undoubtedly impair the respect due him.
manifestations stating that Pacifico was confined in a
The court further stated that as a judge, he
hospital and was due for surgery. Nonetheless, the
must impose upon himself personal restrictions
Sandiganbayan issued a warrant of arrest but
that might be viewed as burdensome by the
allowed Pacifico to stay in the hospital. The
ordinary citizen and should do so freely and
accuseds counsel filed several motions to recall the
willingly. Lastly, the court said that no position
warrants issued on the ground of humanitarian
demands greater moral righteousness and
considerations.
uprightness from its occupant than does the
Complainant Leonardo Velasco (Leonardo)
judicial office. Judges in particular must be
filed an administrative case against the Justices
individuals of competence, honesty and probity,
claiming that upon the finality of the decision it was
charged as they are with safeguarding the
the ministerial duty of the latter to execute such
integrity of the court and its proceedings. He
decision. In not doing so and in granting the wishes
should behave at all times so as to promote
of Pacifico, they have shown evident partiality.
public confidence in the integrity and impartiality
ISSUE: Whether or not the respondent
of the judiciary, and avoid impropriety and the
Sandiganbayan Justices may be held
appearance of impropriety in all his activities.
administratively liable for their actions which unduly
His personal behaviour outside the court, and
not only while in the performance of his official
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delayed the execution of the final sentence of 4. In a Sealed Report, Judge Cruz recommended
conviction of Pacifico? (NO) that respondent (who retired May 22, 2002) be
HELD: found guilty of the violation of Notarial Law by
Respondents did not commit grave notarizing documents without commission,
misconduct or any violation of a specific provision of tardiness in submission of notarial reports and
the Code of Judicial Conduct. Such Justices merely non-forwarding of notarial register to Clerk of
afforded Pacifico and his camp the legal remedies Court upon expiration of his commission and that
given to them by law. for these infractions he be suspended from
However, by extending too much modesty, practice of law and barred from being
the Justices deserve admonition. They should have commissioned as notary public for one year.
ISSUE:
executed the decision immediately unless TRO or
Whether or not a retired judge charged with
preliminary injunction has been issued.
notarizing documents without the requisite notary
commission more than twenty years ago be
disciplined therefore
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Legal Ethics 3B
public one, making it admissible in evidence of circulating calling cards containing self-laudatory
without the necessity of preliminary proof of statements regarding qualifications in violation of
authenticity and due execution. In the case, the Canon 2, Rule 2.02, Canons of Judicial Conduct; for
respondent did not object to the complainants rendering resolutions without written orders in
formal offer of evidence, prompting the violation of Rule 36, Section 1, 1997 Rules of
Investigating Justice to decide the case on the Procedures; his alleged partiality in criminal cases
basis of the pleadings filed. Furthermore, he did where he declares that he is pro-accused which is
not present any evidence of his commission as contrary to Canon 2, Rule 2.01, Canons of Judicial
well as proof of submission of notarial reports Conduct; for appearing in personal cases without
and notarial register. Then, too, by making it prior authority from the Supreme Court and without
appear that he is duly commissioned when he is filing the corresponding applications for leaves of
not, he committed falsehood in violation of the absence on the scheduled dates of hearing; for
Lawyers Oath and the Code of Professional violation of Canon 1, Rule 1.01 Code of Judicial
Responsibility. Conduct when he openly criticized the Rules of
Finally, an administrative Complaint against
Court and the Philippine justice system; for the use
a member of the Bar does not prescribe. The
of highly improper and intemperate language during
qualification of good moral character is a
court proceedings; for violation of Circular No.
requirement which is not dispensed with upon
135 dated 1 July 1987.
admission to membership of the Bar. It is not only a
condition precedent to admission to the legal
profession, but its continued possession is essential
to maintain ones good standing in the profession. Judge Floro also claimed that he has certain
psychic powers such as the power to see the future,
the power of bilocation, the power to type letters
(6) OFFICE OF THE COURT ADMINISTRATOR vs.
while he is in a trance and the power to see and
JUDGE FLORENTINO V. FLORO, JR.
consult with his little friends or the duwendes.
Facts:
Held:
Judge Florentino V. Floro of Branch 73,
Malabon City faced a total of 13 charges calling for
Judge Floro must be relieved of his position
his disbarment and removal from his office as a
as Judge of RTC Malabon Branch due to a medically
judge. Some of the charges against him were the act
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disabling condition of the mind that renders him unfit A judge should avoid being queer in his
to discharge the functions of his office behavior, appearance and movements. He must
always keep in mind that he is the visible
Ratio: representative of the law. Judge Floro, Jr.s claims
that he is endowed with psychic powers, that he can
With the foregoing, we find the act of Judge
inflict pain and sickness to people, that he is the
Floro in circulating calling cards containing self-
angel of death and that he has unseen "little friends"
laudatory statements constitutive of simple
are manifestations of his psychological instability
misconduct in violation of Canon 2, Rule 2.02 of the
and therefore casts doubt on his capacity to carry
Code of Judicial Conduct. Judge Floro also violated
out the functions and responsibilities of a judge.
the Code of Judicial Ethics when he declared that he
was pro-accused. The findings of mental and psychological
incapacity are thus substantially supported by
Canon 2.01 of the Code of Judicial Conduct states:
evidence. Based on the three[3] psychological tests
"A judge should so behave at all times as to promote
and evaluation of the two[2] psychiatrists, the
public confidence in the integrity and impartiality of
undersigned has no other recourse but to
the judiciary." This means that a judge whose duty is
recommend that Judge Florentino Floro be declared
to apply the law and dispense justice "should not
unfit to discharge his duties as a Judge, effective
only be impartial, independent and honest but
immediately.
should be believed and perceived to be impartial,
independent and honest" as well.
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case), entitled People of the Philippines v. Teksan same for correction and preservation of the dignity of
Ami, in which Tulali was the trial prosecutor. During the court, and not for retaliation or vindictiveness. It
the pendency of the case, Tulali was implicated in a bears stressing that the power to declare a person in
controversy involving an alleged bribery initiated by contempt of court must be exercised on the
Randy Awayan (Awayan), the driver assigned to preservative, not the vindictive principle; and on the
Judge Blancaflor under the payroll of the Office of corrective, not the retaliatory, idea of
the Governor of Palawan, and one Ernesto punishment. Such power, being drastic and
Fernandez (Fernandez), to assure the acquittal of extraordinary in its nature, should not be resorted to
the accused, Rolly Ami (Ami), and the dismissal of unless necessary in the interest of justice.
the arson case on the other hand before the day of
the scheduled promulgation of the decision in the In this case, the Court cannot sustain Judge
arson case, Tulali filed an Ex-Parte Manifestation Blancaflors order penalizing petitioners for direct
withdrawing his appearance in the said case to contempt on the basis of Tulalis Ex-
prevent any suspicion of misdemeanor and Parte Manifestation.
collusion, then Judge Blancaflor rendered his
Direct contempt is any misbehavior in the presence
decision acquitting Ami of the crime of arson.
of or so near a court as to obstruct or interrupt the
Purportedly on the basis of the administrative
proceedings before the same, including disrespect
complaint filed against Awayan and Rodriguez,
toward the court, offensive personalities toward
Judge Blancaflor summoned several witnesses
others, or refusal to be sworn or to answer as a
including Tulali and heard their testimonies, then he
witness, or to subscribe an affidavit or deposition
issued an order summoning Rodriguez to appear
when lawfully required to do so.
before him for the purpose of holding an inquiry on
matters pertaining to his possible involvement in Based on the foregoing definition, the act of Tulali in
Tulalis filing of the ex-parte manifestation and the filing the Ex-Parte Manifestation cannot be
administrative complaint against Awayan, among construed as contumacious within the purview of
others. During the pendency of the case Rodriguez direct contempt. It must be recalled that the subject
filed his Motion for Clarification as to the purpose of manifestation bore Tulalis voluntary withdrawal from
Judge Blancaflors continued inquiries considering the arson case to dispel any suspicion of collusion
that the decision in the arson case had already been between him and the accused. Its filing on the day
promulgated however in an order, Judge Blancaflor before the promulgation of the decision in the
informed the petitioners that he was proceeding pending criminal case, did not in any way disrupt the
against them for direct contempt and violation of proceedings before the court. Accordingly, he should
their oath of office on the basis of Tulalis Ex- not be held accountable for his act which was done
Parte Manifestation. in good faith and without malice.
ISSUE:Whether or not Judge Blancaflors disregard Neither should Rodriguez be liable for direct
of due process constituted grave abuse of discretion contempt as he had no knowledge of, or
which was further aggravated by the unlawful participation in, the preparation and filing of the
manner of simultaneously conducting suspension subject manifestation. It was signed and filed by
and contempt proceedings against them. Tulali alone in his capacity as the trial prosecutor in
the arson case. The attached complaint against
HELD:
Awayan was filed with the Office of the Palawan
The power to punish a person in contempt of court is Governor, and not with the RTC.
inherent in all courts to preserve order in judicial
Apparently, Judge Blancaflors conclusion, that the
proceedings and to uphold the orderly administration
subject manifestation containing derogatory matters
of justice. However, judges are enjoined to exercise
was purposely filed to discredit the administration of
the power judiciously and sparingly, with utmost
justice in court, is unfounded and without basis.
restraint, and with the end in view of utilizing the
There being no factual or legal basis for the charge
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of direct contempt, it is clear that Judge Blancaflor In the case at bench, there was no prior and
gravely abused his discretion in finding petitioners separate notice issued to petitioners setting forth the
guilty as charged. facts constituting the misconduct and requiring them,
within a specified period from receipt thereof, to
In the present case, Judge Blancaflor failed to show cause why they should not be suspended from
observe the elementary procedure which requires the practice of their profession. Neither were they
written charge and due hearing. There was no order given full opportunity to defend themselves, to
issued to petitioners. Neither was there any written produce evidence on their behalf and to be heard by
or formal charge filed against them. In fact, themselves and counsel. Undoubtedly, the
Rodriguez only learned of the contempt proceedings suspension proceedings against petitioners are null
upon his receipt of the July 30, 2009 Order, requiring and void, having violated their right to due process.
him to appear before the Court in order to clarify
certain matters contained in the said order. Tulali, on (8) INSTANCE SHOWING SIMPLE MISCONDUCT
the other hand, only learned of the proceedings OF A JUDGE (Judicial Ethics)
when he was ordered to submit his compliance to Aida R. Campos, Alistair R. Campos, and Charmaine R.
explain how he came in possession of the Campos v. Judge Eliseo M. Campos
administrative complaint against Awayan. A.M. No. MTJ-10-1761, February 8, 2012
Carpio, J.
The fact that petitioners were afforded the
opportunity to file their appropriate pleadings is not FACTS:
sufficient as the proceedings ex-parte to hear the
witnesses testimonies had already been completed. This is a complaint for serious misconduct,
immorality and dishonesty filed by complainants
Indeed, Judge Blancaflor failed to conform to the against respondent, former Presiding Judge of the
MTC of Bayugan,Agusan del Sur.
standard of honesty and impartiality required of
judges as mandated under Canon 3 of the Code of
Complainant Aida and respondent were married in
Judicial Conduct.
1981 and had two children, complainants Alistair and
Charmaine.
As a public servant, a judge should perform his
duties in accordance with the dictates of his
In 2008, respondent filed a petition for Declaration of
conscience and the light that God has given him. A Nullity of Marriage, alleging that he and Aida were
judge should never allow himself to be moved by both psychologically incapacitated to comply with the
pride, prejudice, passion, or pettiness in the essential marital obligations; for his part, respondent
performance of his duties. He should always bear in is a homosexual who could not be intimate with his
mind that the power of the court to punish for wife unless he imagined he was with another man,
contempt should be exercised for purposes that are while his wife had affairs with other men as a result
of his homosexuality.
impersonal, because that power is intended as a
safeguard not for the judges as persons but for the
To her defense, Aida denied the allegations and filed
functions that they exercise. for legal separation. According to her, respondent
wanted their marriage annulled so that he could
Contempt and suspension proceedings are marry another woman with whom he was having a
supposed to be separate and distinct. They have relationship. In the meantime, a separate case was
different objects and purposes for which different pending against the respondent, to which a
procedures have been established. Judge Blancaflor certain parcel of registered land might be taken from
should have conducted separate proceedings their property in the event of loss. Facts show that
the title to such land was kept by respondent in his
Granting that the simultaneous conduct of contempt drawer. When respondent could not find the title in
and suspension proceedings is permitted, the his usual place for safekeeping, he sought the
advice of the Register of Deeds who told him to
suspension of petitioners must still fail.
execute the affidavit of loss, to which he did.
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Respondent then registered the title but in the name Canon 1 of the Code of Judicial Conduct due to his
of Alistair, a minor at that time.
friendly greeting to a party and for acting as counsel
ISSUE: Is respondent guilty of immorality, for the latter by raising questions on the respondents
dishonesty, and serious misconduct? during their testimonies. Finally, in In Civil Case No.
7065, for allegedly acting with undue delay in
HELD: NO, respondent is not guilty of immorality,
dishonesty and serious misconduct but only simple resolving a simple Motion to Dismiss, and in his
misconduct. First, the complainants failed to present
alleged tardiness in trying cases before his bench.
any proof of respondents alleged relationship with
another woman, so as to justify a charge for ISSUE: WON Judge Canoy is guilty of gross
immorality. There was no evidence presented that
ignorance of law and procedure, undue interference
respondent engaged in scandalous conduct that
would warrant the imposition of disciplinary action and gross inefficiency in violation of the Canons of
against him. However, the Court reminded
Judicial Ethics.
respondent of the judge's duty to conduct himself in
a way that is consistent with the dignity of the judicial HELD: In Civil Case No. 707, Supreme Court held
office. As such, he must comport himself at all times
that an injunction cannot be issued to transfer
in such a manner that his conduct, official or
otherwise, can bear the most searching scrutiny of possession or control of a property to another when
the public that looks up to him as the epitome of
the legal title is in dispute between the parties and
integrity and justice. Second, respondent was not
guilty of dishonesty as regards the declaration of the legal title has not been clearly established. X X X
loss of title.
When the law involved is simple and elementary,
lack of conversance with it constitutes gross
(9) ATTY. RENE O. MEDINA and ATTY. CLARITO
ignorance of the law.
SERVILLAS vs. JUDGE VICTOR A. CANOY
In Spec. Proc. No. 7101, On the charge of violation
(February 22, 2012)
of Canon 1 of the Code of Judicial Conduct, we find
the same bereft of merit. A judge may properly
FACTS:
intervene in the presentation of evidence to expedite
Relative to cases filed before Judge Canoy, an
and prevent unnecessary waste of time and clarify
administrative complaint was filed against him for
obscure and incomplete details in the course of the
gross ignorance of law and procedure, undue
testimony of the witness. X X X On the charge of
interference and gross inefficiency. In Civil Case No.
gross ignorance of procedure and undue
7077, the complainants alleged that the Judge acts
interference in the administrative functions of the
of issuing TRO and preliminary injunction are
Bureau of Immigration, complainants failed to prove
improper remedies for to transfer possession of one
the charge with substantial evidence. In the absence
property to another whose title has not been clearly
of contrary evidence, what will prevail is the
established, and also for failure to decide Motion for
presumption that the respondent judge has regularly
Recommendation within the 30 days as required by
performed his duties. On the charge of tardiness,
rules and jurisprudence. In In Spec. Proc. No. 7101,
the same likewise without merit, without evidence as
for allegedly interfering with administrative functions
to their truthfulness or veracity.
of the Bureau on Immigration by ordering the release
In Civil Case No. 7065, Respondent judge resolved
of the expired passport to a party, preparing the said
the said Motion after more than a year and only after
Order outside of the courts premises, and violating
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the filing of the instant complaint. Failure to decide RULING: Petition GRANTED.
cases and other matters within Section 5, Rule 4 of the Rules of the JBC provides:
the reglementaryperiod of ninety (90) days Disqualification. - The following are disqualified from
constitutes gross inefficiency and warrants the being nominated for appointment to any judicial post
imposition of administrative sanction against the or as Ombudsman or Deputy Ombudsman:
erring magistrate. This is not only a blatant 1. Those with pending criminal or regular
transgression of the Constitution but also of the administrative cases;
Code of Judicial Conduct (CANON 6 SECTION 5), 2. Those with pending criminal cases in
judges shall perform all judicial duties including the foreign courts or tribunals; and
delivery of reserved decisions efficiently, fairly and 3. Those who have been convicted in any
with reasonable promptness. criminal case; or in an administrative case,
where the penalty imposed is at least a fine
(10) A.M. No. 12-2-6-SC March 6, 2012 of more than P10,000, unless he has been
RE: PETITION FOR JUDICIAL CLEMENCY OF granted judicial clemency."
JUDGE IRMA ZITA V. MASAMAYOR, Considering Judge Masamayors previous record,
FACTS: Judge Irma Zita Masamayor, Executive and she is indeed disqualified from being further
Presiding Judge of the Regional Trial Court at nominated for appointment to any judicial post,
Talibon, Bohol applied for a lateral transfer to the unless she be accorded judicial clemency.
Regional Trial Courts of Tagbilaran City. However, In A.M. No. 07-7-17-SC (Re: Letter of Judge
she received a letter from the Judicial and Bar Augustus C. Diaz, Metropolitan Trial Court of
Council dated January 24, 2012 informing her that Quezon City, appealing for Clemency),7 the Court
she was not included in the list of nominees for laid down the following guidelines in resolving
RTCs in Tagbilaran City. She attributes her requests for judicial clemency, thus:
disqualification to her previous administrative record 1st.There must be proof of remorse and reformation.
of gross inefficiency in 1999 and 2000 for belatedly (These shall include but should not be limited to
filing her motions for extension of time to resolve the certifications or testimonials of the officer(s) or
cases then pending before her sala. Thus, she was chapter(s) of the Integrated Bar of the Philippines,
ordered to pay a fine of P5,000.00 in A.M. No. 99-1- judges or judges associations and prominent
16-RTC; P10,000.00 in A.M. No. 98-12-381-RTC; members of the community with proven integrity and
and P12,000.00 in A.M. No. 99-2-79-RTC. She was probity. A subsequent finding of guilt in an
likewise earlier fined P5,000.00 for a similar violation administrative case for the same or similar
of Canon 3, Rule 3.05 of the Code of Judicial misconduct will give rise to a strong presumption of
Conduct in A.M. No. 98-10-338-RTC. To reverse she non-reformation.)
disqualification, she filed a petition for judicial 2nd. Sufficient time must have lapsed from the
clemency in the Supreme Court. imposition of the penalty to ensure a period of
ISSUE: Whether or not Judge Masamayor is reform.
qualified for judicial clemency.
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3rd. The age of the person asking for clemency must period sought, except in A.M. No. 99-2-79-RTC
show that he still has productive years ahead of him where she submitted her compliance beyond the
that can be put to good use by giving him a chance approved 45-day extended period. Nevertheless,
to redeem himself. petitioner has subsequently shown diligence in the
th
4 . There must be a showing of promise (such as performance of her duties and has not committed
intellectual aptitude, learning or legal acumen or any similar act or omission.
contribution to legal scholarship and the Under the 5th guideline, petitioner's dedicated
development of the legal system or administrative service of 23 years to the judiciary, having been first
and other relevant skills), as well as potential for appointed as Municipal Circuit Trial Court judge in
public service. 1989, merits compassion from the Court. It bears to
th
5 . There must be other relevant factors and note that petitioner does not seek for promotion to a
circumstances that may justify clemency." higher position but only a lateral transfer to a place
Applying the foregoing standards to this case, the of work near her residence.
Court finds merit in petitioner's request. Note : 2 cases
st
Under the 1 guideline, notwithstanding her (11) RE: PETITION FOR JUDICIAL CLEMENCY
disqualification, the IBP Bohol Chapter has shown its OF THEN JUDGE HERMIN E. ARCEO
high regard for her per the letter of support signed by A.M. No. RTJ-96-1336
a number of its members addressed to the IBP Perlas-Bernabe,J.
during the pendency of her administrative cases and FACTS:
the IBP Resolution No. 11, Series of 2009 endorsing For resolution is the Petition for Judicial
her application for lateral transfer to the RTC of Clemency filed by Hermin Arceo, former Presiding
Tagbilaran City. Judge of RTC San Fernando Pampanga, seeking to
In addition, in the Memorandum of the Office of the lift the ban against his employment in any branch of
Court Administrator, it was stated that her prompt the government. According to him, he had
compliance with the judicial audit requirements of immensely suffered from and endured the stigma
pending cases was acknowledged and she was caused by his dismissal from the service and claims
even commended for her good performance in the to have been humbled by his experience and has
effective management of her court and in the become remorseful of his previous acts causing him
handling of court records. to reform his ways and treat each person with dignity
nd
Under the 2 guideline, a review of the records and respect.
reveals that petitioner has exhibited remorse for her ISSUE: WON the petition for Judicial Clemency
past misdeeds, which occurred more than ten (10) should be granted.
years ago. RULING:
rd
Under the 3 guideline, while she was found to have YES. In Re: Letter of Judge Augustus Diaz,
belatedly filed her motions for additional time to MTC of Quezon City, Appealing for Clemency,
resolve the aforecited cases, the Court noted that the Court laid down the following guidelines in
she had disposed of the same within the extended resolving requests for judicial clemency, to wit:
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Legal Ethics 3B
1. There must be proof of remorse and reformation. court also notes the many years that had elapsed
These shall include but should not be limited to from the time of the dismissal and recognizes the
certifications or testimonials of officers or respondents dedication, citations and contributions
chapters of the IBP, judges or judges to the legal profession and to the judiciary prior to his
associations and prominent members of the dismissal from the service.
community with proven integrity and probity. A Respondent has sufficiently shown his
subsequent finding of guilt in an administrative remorse and reformation after his dismissal from the
case for the same or similar misconduct will give service meriting the Courts liberality. While it may be
rise to a strong presumption of non-reformation. conceded that respondent at 71 years old had
2. Sufficient time must have lapsed from the
already reached retirement age and can no longer
imposition of the penalty to ensure a period of
be eligible for regular employment in the public
reform.
service, yet, considering his achievements and
3. The age of the person asking for clemency must
mental aptitude, it cannot be doubted that he could
show that he still has productive years ahead of
still be of service to the government in some other
him that can be put to good use by giving him a
capacity.
chance to redeem himself.
4. There must be showing of promise (such as (12) JOCELYN TALENS-DABON vs. JUDGE
intellectual aptitude, learning or legal acumen or HERMIN ARCEO
contribution to the legal scholarship and the A.M. No. RTJ-96-1336, July 25, 1996
development of the legal system or administrative FACTS:
or other relevant skills), as well as potential for A complaint was filed by Atty. Jocelyn
public service. Talens-Dabon, Clerk of Court of RTC Pampanga,
charging Judge Hermin Arceo, Executive Judge of
5. There must be other relevant factors and
said court, with gross misconduct and immorality.
circumstances that may justify clemency.
The complaint stemmed from the acts of Judge
Arceo towards his personnel wherein said Judge
Applying the foregoing standards to this
constantly made bodily contact with the complainant
case, the Court finds merit in respondents prayer for
and other female personnel whenever he had the
the lifting of the ban against his re-employment in
chance and that he even kissed one of them on
the government service.
several occasions. According to the complainant, the
Records show that after his dismissal from
Judge wrote poems manifesting his sexual intentions
the service, respondent engaged in private practice
towards her and the latter likewise kissed her
and most of his cases involve poor litigants,
violently against her will.
neighbors and close friends. He also submitted a
Certificate of Good Moral Character from the Acting
ISSUE: WON the Judge is guilty of Gross
Executive Judge of RTC Malolos and Certificate of
Misconduct and Immorality.
Favorable Endorsement from the President of the
RULING:
IBP attesting to his reformation and recognizing his
valuable contributions to the bar and the bench. The
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YES. The integrity of the Judiciary rests not expectations and diminished the esteem in which
only upon the fact that it is able to administer justice they hold the judiciary in general.
but also upon the perception and confidence of the The audacity under which the lewd and
community that the people who run the system have lustful acts were committed and the seeming
done justice. At times, the strict manner by which we impunity with which they were perpetrated shock our
apply the law may, in fact, do justice but may not sense of morality. All roads lead us to the conclusion
necessarily create confidence among the people that that respondent judge has failed to behave in a
justice, indeed, is served. Hence, in order to create manner that will promote confidence in the judiciary.
such confidence, the people who run the judiciary, His actuations, if condoned, would damage the
particularly judges and justices, must not only be integrity of the judiciary, fomenting distrust in the
proficient in both the substantive and procedural system. Hence, his acts deserve no less than the
aspects of the law, but more importantly, they must severest form of disciplinary sanction of dismissal
possess the highest integrity, probity, and from the service.
unquestionable moral uprightness, both in their The actuations of respondent are
public and private lives. Only then can the people be aggravated by the fact that complainant is one of his
reassured that the wheels of justice in this country subordinates over whom he exercises control and
run with fairness and equity, thus creating supervision, he being the executive judge. He took
confidence in the judicial system. advantage of his position and power in order to carry
With the avowed objective of promoting out his lustful and lascivious desires. Instead of he
confidence in the Judiciary, we have the following being in loco parentis over his subordinate
provisions of the Code of Judicial Conduct: employees, respondent was the one who preyed on
Canon I them, taking advantage of his superior position.
Rule 1.01: A Judge should be the Judge Hermin Arceo was dismissed from the
embodiment of competence, integrity and service.
independence.
Canon II
Rule 2.00: A Judge should avoid (12) Re: Subpoena Duces Tecum
impropriety and the appearance of FACTS:
impropriety in all activities. Atty. Lozano and Atty. Evangeline Lozano- Endriano
Rule 2.01: A judge should so behave at all were indefinitely suspended from the practice of law
times as to promote public confidence in the integrity when they were found guilty of professional
and impartially of the judiciary. misconduct when they misquoted or misused
Respondent has failed to measure up these constitutional provisions in their pleadings to impute
exacting standards. He has behaved in a manner unjust acts to the members of the Court. However,
unbecoming of a judge and as model of moral Atty. Endraino was reinstated because of lesser
uprightness. He has betrayed the people's high culpability on her part.
14
Legal Ethics 3B
(13) Office of the Court Administrator v. Judge Rule 1.01 - A lawyer shall not engage in unlawful,
Cader P. Indar dishonest, immoral or deceitful act.
A.M. No. RTJ-10-223, April 10 2012
Per Curiam CANON 7 - A LAWYER SHALL AT ALL TIMES
Facts: UPHOLD THE INTEGRITY AND DIGNITY OF THE
Local Civil Registrars of Manila and Quezon City LEGAL PROFESSION.
reported to the Office of the Court Administrator In addition, Judge Indars dishonest act of issuing
(OCA) that they have received an alarming numbers decisions making it appear that the annulment cases
of decisions, resolutions and orders on annulment of underwent trial and complied with the Rules of
marriage cases allegedly issued by Judge Indar. Court, laws, and established jurisprudence violates
Judge Indar issued decisions on numerous the lawyers oath to do no falsehood, nor consent to
annulment of marriage cases which do not exist in the doing of any in court.
the records of RTC-Shariff Aguak, Branch 15 or the It cannot be denied that respondents dishonesty did
Office of the Clerk of Court of the Regional Trial not only affect the image of the judiciary, it also put
Court, Cotabato City. There is nothing to show that his moral character in serious doubt and rendered
(1) proceedings were had on the questioned cases; him unfit to continue in the practice of law.
(2) docket fees had been paid; (3) the parties were Possession of good moral character is not only a
notified of a scheduled hearing as calendared; (4) prerequisite to admission to the bar but also a
hearings had been conducted; or (5) the cases were continuing requirement to the practice of law. If the
submitted for decision. In other words, Judge Indar, practice of law is to remain an honorable profession
who had sworn to faithfully uphold the law, issued and attain its basic ideals, those counted within its
decisions on the questioned annulment of marriage ranks should not only master its tenets and
cases, without any showing that such cases principles but should also accord continuing fidelity
underwent trial and complied with the statutory and to them. The requirement of good moral
jurisprudential requisites for voiding marriages. character is of much greater import, as far as the
general public is concerned, than the
Issue: Whether or not Judge Indar is guilty of gross possession of legal learning.
misconduct and dishonest.
15
Legal Ethics 3B
16
Legal Ethics 3B
from performing or agreeing to perform functions or honesty in the public service. In essence, it is the
services outside of their official functions for the consensus of the Justices of the above-mentioned
reason that the entire time of the officials and courts and the various judges associations that while
employees of the judiciary shall be devoted to their the Constitution holds dear the right of the people to
official work to ensure the efficient and speedy have access to matters of concern, the Constitution
administration of justice. also holds sacred the independence of the Judiciary.
Thus, although no direct opposition to the disclosure
(15) RE: REQUEST FOR COPY OF 2008 of SALN and other personal documents is being
STATEMENT OF ASSETS, LIABILITIES AND
expressed, it is the uniform position of the said
NETWORTH
[SALN] AND PERSONAL DATA SHEET magistrates and the various judges associations
ORCURRICULUM VITAE OF THE JUSTICES OF
that the disclosure must be made in accord with the
THE
SUPREME COURT AND OFFICERS AND guidelines set by the Court and under such
EMPLOYEES OF THE JUDICIARY
circumstances that would not undermine the
A. M. No. 09-8-6-SC
June 13, 2012. independence of the Judiciary.
FACTS:
Rowena Paraan, Research Director of the PCIJ, Like all constitutional guarantees, however, the right
sought copies of the SALN of the Justices of the to information, with its companion right of access to
Supreme Court for the year 2008. She also official records, is not absolute. While providing
requested for copies of the Personal Data Sheet of guaranty for that right, the Constitution also provides
the Justices of this Court for the purpose of updating that the peoples right to know is limited to matters
their database of information on government of public concern and is further subject to such
officials. limitations as may be provided by law.
17
Legal Ethics 3B
themselves with the motives, reasons and objects of complainants filed the instant complaint with the
the persons seeking access to the records. The OCA against the Judge for gross ignorance of the
moral or material injury which their misuse might law, rules or procedures, gross incompetency,
inflict on others is the requestors responsibility and violation of RA 3019, violation of Arts. 171 and 172
lookout. Any publication is made subject to the of the RPC and pertinent provisions of the Code of
consequences of the law. While public officers in the Judicial Conduct.
custody or control of public records have the
discretion to regulate the manner in which records Judge Lubao, in his Comment, informed the
may be inspected, examined or copied by interested Court that one of the complainants, Remberto C.
persons, such discretion does not carry with it the Karaan, Sr., is engaging in the practice of law even
authority to prohibit access, inspection, examination, though he is not a lawyer. Karaan replied by saying
or copying of the records. After all, public office is a that Judge Lubao was only evading the topic at hand
public trust. Public officers and employees must, at and thus violating again basic rules of procedure and
all times, be accountable to the people, serve them the law. The OCA dismissed the complaint saying
with utmost responsibility, integrity, loyalty, and that there was no evidence of fraud, bad faith or
efficiency, act with patriotism and justice, and lead dishonesty of Judge Lubao in giving the said Orders.
modest lives. OCA said that the remedy of complainants is a
judicial remedy and not an administrative case. The
(16) JUVY P. CIOCON-REER, ET AL. vs. JUDGE Supreme Court, in a Resolution dated 24 November
ANTONIO C. LUBAO 2010, dismissed the complainant against Judge
A.M. OCA IPI No. 09-3210-RTJ | June 20, 2012 | Lubao and ordered Karaan to show cause why he
Carpio, J. should not be cited in contempt. Thus, Karaan
FACTS: moved for a reconsideration of the dismissal before
The complainants were the plaintiffs in Civil the Supreme Court.
Case No. 7819 that was appealed from MTC ISSUE:
General Santos City to RTC, Branch 22, which was WON Judge Lubao is guilty of gross
the post of the respondent Judge. Judge Lubao then ignorance of the law, rules or procedures, gross
issued an Order on 12 September 2008 directing the incompetency, violation of RA 3019, violation of Arts.
parties to file their memoranda within 30 days from 171 and 172 of the RPC and pertinent provisions of
receipt. Complainants averred that defendants the Code of Judicial Conduct
should have received the Order by 07 October 2008,
giving them until 06 November 2008 to file the HOLD:
memoranda, but they failed to do so. That No. The SC held that not all administrative
notwithstanding, Judge Lubao still didnt decide the complainants against judges should merit sanctions
case 4 months from November 6. On 20 May 2009, to judges especially if no bad faith, dishonesty or
he even gave the defendants a last chance to file corruption is present. Judge Lubao could not be
their memoranda but the same was received by faulted for acting carefully before proceeding with
defendants only on 17 June 2009. Thus, the
18
Legal Ethics 3B
the civil case and in giving all the parties an complainant posits that the respondent betrayed her
opportunity to be heard. ignorance of the law, considering that all judicial
notices and orders emanating from the courts of
Further, the SC held that Karaan was indeed Catarman, Northern Samar should be published only
engaged in unauthorized practice of law and he was in the CWT, pursuant to Presidential Decree No.
held in indirect contempt by the SC. His act of 1079.
requiring the parties to execute a Special Power of
Attorney in his favor to allow him to be a party litigant
constituted such illegal practice. He was imposed a
The respondent, with respect to her alleged
penalty of 10,000.00 for his actions.
inaction on the petition for contempt maintains that
(17) . Eladio D. Perfecto v. Judge Alma Consuelo the summons were served on the respondents and
Desales-Esidera, A.M. No. RTJ-11-2258 that eventually, the respondents filed their Answer
with Affirmative Defenses and Counterclaim, but no
June 20, 2012, Brion, J. other pleadings followed. Relative to the issue on the
publication of court orders/notices, the respondent
submits that the CWT is not generally circulated in
the province and that according to her, [t]he [CWT]
Facts: Eladio D. Perfecto filed an administrative
caters only to those who buy commercial space from
complaint against Presiding Judge Alma Consuelo
the publisher for announcements and legal notices.
Desales-Esidera for violation of the Code of Judicial
Conduct and ignorance of the law when firstly, he
filed a Petition to Cite for Contempt against one Issue: Whether or not the respondent is guilty of
Dalmacio Grafil and a Ven S. Labro which was ignorance of the law and usurpation of authority
raffled to the court presided over by the respondent, under the Code of Judicial Conduct.
lamenting that the case has since been gathering
dust in the court of the respondent and maintains
that the respondent should be made administratively Held: Anent the allegations of ignorance of the law
liable for her failure to act on the case within a and usurpation of authority against respondent
reasonable period of time. And secondly, the Judge Esidera, for issuing a directive to the
complainant claims that he is the publisher and petitioner in a special proceedings case to cause the
Editor-in-Chief of the Catarman Weekly Tribune publication of her order in a newspaper of general
(CWT), the only accredited newspaper inNorthern publication, this Office finds the same devoid of
Samar, that in Special Proceedings Nos. C-346 (for merit.That Catarman Weekly Tribune is the only
adoption and change of name and C-352 (for accredited newspaper of general publication in
adoption), the respondent directed the petitioners to Catarman does not bar the publication of judicial
have her orders published in a newspaper of orders and notices in a newspaper of national
national circulation and through these directives, the circulation.A judicial notice/order may be published
19
Legal Ethics 3B
20
Legal Ethics 3B
Comilang for indirect contempt notwithstanding the as well as with procedural rules. When a judge
effectivity of the CA-issued writ of injunction displays an utter lack of familiarity with the rules, he
demonstrated his vexatious attitude and bad faith erodes the publics confidence in the competence of
towards the former, for which he must be held our courts. Such is gross ignorance of the law. One
accountable and subjected to disciplinary action. who accepts the exalted position of a judge owes the
public and the court the duty to be proficient in the
(19) PROSEC. JORGE D. BACULI v. JUDGE law. Unfamiliarity with the Rules of Court is a sign of
MEDEL ARNALDO B. BELEN, A.M. No. RTJ-09- incompetence. Basic rules of procedure must be at
2179, THIRD DIVISION, September 24, 2012, the palm of a judges hands.
VELASCO, J. Thus, this Court has consistently held that a
FACTS: judge is presumed to know the law and when the law
The principal cause of action is the unlawful, is so elementary, not to be aware of it constitutes
unconstitutional, illegal, arbitrary, malicious, gross ignorance of the law. Verily, failure to follow
capricious and immoral orders issued by Judge basic legal commands embodied in the law and the
Belen. The adverted issuances refer to the Rules constitutes gross ignorance of the law, from
[22]
December 18, 2006 Decision, in which Baculi was which no one is excused, and surely not a judge.
found guilty of direct contempt, and the June 7, 2007
Decision, wherein Judge Belen declared Baculi
guilty of indirect contempt of court, for the
This is because judges are expected to exhibit more
contemptuous nature of pleadings that Baculi filed in
than just a cursory acquaintance with statutes and
his sala.
procedural laws. They must know the laws and apply
ISSUE:
them properly in good faith as judicial competence
Whether or not Judge Belens actions showed
requires no less.
manifest partiality and bias, evident bad faith, grave
abuse of authority, and gross ignorance of the law
warranting his dismissal from service as RTC Judge.
HELD: Judge Belen's actuations, therefore, cannot be
Respondent is guilty of grave abuse of authority and considered as mere errors of judgment that can be
gross ignorance of the law easily brushed aside. Obstinate disregard of basic
[21]
In the case of Pesayco v. Layague, the and established rule of law or procedure amounts to
Court succinctly explained: inexcusable abuse of authority and gross ignorance
of the law.
No less than the Code of Judicial conduct
mandates that a judge shall be faithful to the laws
and maintain professional competence. Indeed, Accordingly, in imposing the proper penalty, the
competence is a mark of a good judge. A judge Court takes note of Judge Belens previous
must be acquainted with legal norms and precepts
21
Legal Ethics 3B
administrative cases where he was penalized in the abuse of authority, and gross ignorance of the law
following manner: warranting his dismissal from service as RTC Judge.
Judge Belens previous infractions, which are all of gross ignorance of the law
22
Legal Ethics 3B
This is because judges are expected to exhibit more Judge Belen's actuations, therefore, cannot be
than just a cursory acquaintance with statutes and considered as mere errors of judgment that can be
procedural laws. They must know the laws and apply easily brushed aside. Obstinate disregard of basic
them properly in good faith as judicial competence and established rule of law or procedure amounts to
requires no less. inexcusable abuse of authority and gross ignorance
of the law.
of the Regional Trial Court, Branch 36, Calamba SEC. 6. Judges, like any other citizen, are
City, Laguna of Misconduct entitled to freedom of expression, belief, association
and assembly, but in exercising such rights, they
Complainant claimed that, in the course of the shall always conduct themselves in such a manner
proceedings, he was asked by respondent Judge as to preserve the dignity of the judicial office and
Belen to stand up while the latter dictated his order the impartiality and independence of the judiciary.
on their Administrators Report.
A judge must consistently be temperate in words
Respondent Judge Belen even rebuked him for and in actions. Respondent Judge Belens insulting
some mistakes in managing the affairs of the estate, statements, tending to project complainants
adding that it is regrettable "because Atty. Raul ignorance of the laws and procedure, coming from
Correa is a U.P. Law Graduate and a Bar Topnotcher his inconsiderate belief that the latter mishandled the
at that. cause of his client is obviously and clearly
insensitive, distasteful, and inexcusable. Such
Issue: Whether or not Judge Belen is guilty of abuse of power and authority could only invite
conduct unbecoming of a judge. disrespect from counsels and from the public.
Patience is one virtue that members of the bench
Held: Yes. should practice at all times, and courtesy to
Indeed, the New Code of Judicial Conduct for everyone is always called for.
the Philippine Judiciary exhorts members of the
judiciary, in the discharge of their duties, to be
models of propriety at all times. Canon 4 mandates
24
Legal Ethics 3B
Ong as Chairman, at the time material to the are acting like that! Do not forget that the brain of
complaint, with Improprieties During Hearings the child follows that of their (sic) mother.
Amounting to Gross Abuse of Judicial Authority and
Grave Misconduct. ISSUE: Whether or not the respondent justices are
Allegedly, Justice Ong and Justice Hernandez liable for Improprieties During Hearings Amounting
made the following intemperate and discriminatory to Gross Abuse of Judicial Authority and Grave
utterances during hearings. Firstly, the complainant Misconduct?
alleged that Justice Ong uttered towards the
complainant during the hearing held in Cebu City in RULING OF THE COURT:Unbecoming Conduct of
September 2006 the following: Justice Ong and Justice Hernandez.
We are playing Gods here, we will do what The Court approves the Court
we want to do, your contempt is already out, we Administrators finding and recommendation that no
fined you eighteen thousand pesos, even if you will evidence supported the complainants charge that
appeal, by that time I will be there, Justice of the Justice Ong and Justice Hernandez had uttered the
Supreme Court. improper and intemperate statements attributed to
Secondly, Justice Ong often asked lawyers them.A review of the transcripts of the stenographic
from which law schools they had graduated, and notes for the hearings in which the offensive
frequently inquired whether the law school in which statements were supposedly uttered by them has
Justice Hernandez had studied and from which he failed to substantiate the complainants charge. In
had graduated was better than his (Justice Ongs) the absence of a clear showing to the contrary, the
own alma mater. The complainant opined that the Court must accept such transcripts as the faithful
query was manifestly intended to emphasize that the and true record of the proceedings, because they
San Beda College of Law, the alma mater of Justice bear the certification of correctness executed by the
Ong, and the UP College of Law, that of Justice stenographers who had prepared them.
Hernandez, were the best law schools. Even so, Justice Ong and Justice
Thirdly, on another occasion in that hearing Hernandez admitted randomly asking the counsels
in Cebu City in September 2006, Justice Hernandez appearing before them from which law schools they
discourteously shouted at Prosecutor had graduated, and their engaging during the
HazelinaTujan-Militante, who was then observing hearings in casual conversation about their
trial from the gallery: You are better than Director respective law schools. They thereby publicized their
Somido? Are you better than Director Chua? Are you professional qualifications and manifested a lack of
here to supervise Somido? Your office is wasting the requisite humility demanded of public
funds for one prosecutor who is doing nothing. magistrates. Their doing so reflected a vice of self-
Finally, Justice Hernandez berated Atty. conceit. We view their acts as bespeaking their lack
Pangalangan, the father of former UP Law Dean of judicial temperament and decorum, which no
Raul Pangalangan, thus:Just because your son is judge worthy of the judicial robes should avoid
always nominated by the JBC to Malacaang, you especially during their performance of judicial
25
Legal Ethics 3B
functions. They should not exchange banter or should live up to the high standards their noble
engage in playful teasing of each other during trial position on the Bench demands. Their language
proceedings (no matter how good-natured or even if must be guarded and measured, lest the best of
meant to ease tension, as they want us to believe). intentions be misconstrued.
Judicial decorum demands that they behave with In this regard, Section 3, Canon 5 of the
dignity and act with courtesy towards all who appear New Code of Judicial Conduct for the Philippine
before their court. Judiciary, mandates judges to carry out judicial
Indeed, Section 6, Canon 6 of the New duties with appropriate consideration for all persons,
Code of Judicial Conduct for the Philippine such as the parties, witnesses, lawyers, court staff,
Judiciary clearly enjoins that: and judicial colleagues, without differentiation on any
Section 6. Judges shall maintain order and decorum irrelevant ground, immaterial to the proper
in all proceedings before the court and be patient, performance of such duties.
dignified and courteous in relation to litigants, In view of the foregoing, Justice Ong and
witnesses, lawyers and others with whom the judge Justice Hernandez were guilty of unbecoming
deals in an official capacity. Judges shall require conduct, which is defined as improper performance.
similar conduct of legal representatives, court staff Unbecoming conduct applies to a broader range of
and others subject to their influence, direction or transgressions of rules not only of social behavior
control. but of ethical practice or logical procedure or
We point out that publicizing professional prescribed method.
qualifications or boasting of having studied in and
graduated from certain law schools, no matter how
prestigious, might have even revealed, on the part of
Justice Ong and Justice Hernandez, their bias for or (23) Velasco vs. Judge Angeles
September 06, 2010
against some lawyers. Their conduct was
impermissible, consequently, for Section 3, Canon
Facts: Respondent, Presiding Judge of the
4 of the New Code of Judicial Conduct for the
Caloocan Regional Trial Court (RTC), Branch 121
Philippine Judiciary, demands that judges avoid
(until her retirement on May 23, 2010), was charged
situations that may reasonably give rise to the
by then petitioner with violation of Supreme Court
suspicion or appearance of favoritism or partiality in
Circulars, the Canons of Judicial Ethics and the
their personal relations with individual members of
Code of Judicial Conduct, specifically for
the legal profession who practice regularly in their
unauthorized practice of law, unauthorized absences
courts.
and falsification of certificate of service. By
Judges should be dignified in demeanor,
petitioners allegation, respondent actively
and refined in speech. In performing their judicial
participated in the prosecution of Criminal Case No.
duties, they should not manifest bias or prejudice by
04-230908, for libel, which was, on her complaint,
word or conduct towards any person or group on
filed against him before the Manila RTC, she
irrelevant grounds. It is very essential that they
appearing at Branch 26 thereof (to which the case
26
Legal Ethics 3B
was raffled) without her filing leaves of absence on at the hearing in the Regional Trial Court (RTC) of
the following dates February 2, 2005, May 3 and Manila on 3 May 2005 and on 3 August 2005.
19, 2005, June 14, 15, 22 and 30, 2005, July 12-13,
2005 and August 3 and 11, 2005. Petitioner thus
In denying respondents first motion for partial
concluded that when respondent indicated in her
reconsideration, the Court in its February 22, 2010
Certificates of Service that she had rendered service
Resolution, applied the ruling in Office of the Court
during the questioned dates, she is guilty of
Administrator v. Judge Delia H. Panganiban where it
falsification and of violation of Canons 3 and 5 of the
was held that a Judges unblemished record will not
Code of Judicial Conduct and Canons 3, 7, 22 and
justify her lapses. However, as correctly pointed out
31 of the Canons of Judicial Ethics. After concluding
by respondent in her second motion for partial
his investigation, the Investigating Justice
reconsideration, said case should not have been
considering only the remaining issues of falsification
applied, as it presupposes that respondent indeed
and incurring unauthorized absences, reported that
committed lapses which her long service and
respondent is guilty of unauthorized absences on
unblemished reputation would not justify while she
May 3 and August 3, 2005. With respect to the rest
has always maintained that she had not committed
of the questioned dates, he held that respondents
the act complained of, that is, the non-filing of the
absence thereon was legally justified as she
leaves of absence for May 3 and August 3, 2005
merely complied with the subpoenas issued by the
because she did not have to. Indeed, if respondent
trial court. Respondent filed a Motion for Partial
committed no lapse or violation, then the Courts
Reconsideration which was denied by Resolution of
denial of her first motion for partial reconsideration
February 22, 2010 of the Court of Appeals. Hence,
on the basis of the Panganiban decision deserves to
the present second Motion for Partial
be reviewed. Respecting respondents presence at
Reconsideration.
the trial court on May 3, 2005, while admittedly no
Issue: Whether or not the respondent incurred
subpoena was served on her to appear on said date
unauthorized absences during her attendance at the
that was a re-scheduled date of hearing, the earlier-
hearing in the Regional Trial Court (RTC) of Manila
scheduled hearing having been postponed. There
on 3 May 2005, where her attendance thereat as a
was thus no absolute need for her to be
private complainant was without subpoena which
subpoenaed for the purpose.
resulted in her unjustified absence from her own
court and on 3 August 2005 where respondent failed
to file a leave of absence rationalizing that she was As to the Investigating Judges observation that
out only for a few minutes which she compensated assuming that respondents attendance in the May
by staying in the office and working beyond office 3, 2005 hearing was covered by subpoena, she still
hours and the forfeiture of her leave credits in the needed to secure a Certificate of Service because
name of public service. she was the private complainant: The Court notes
that this is merely a matter of practice for
Held: No, the respondent the respondent did not
government employees who need such certification
incur unauthorized absences during her attendance
27
Legal Ethics 3B
to show to their superiors that they indeed attended Office of the Court Administrator (OCA). He denied
the hearing. In any case, the minutes of a hearing the charges hurled against him and claimed the
show the parties who are present, hence, such allegations were fabricated, false and malicious.
certification becomes a mere surplusage.
Respecting respondents going to the trial court ISSUE:
on August 3, 2005; the same did not require the Whether or not Judge Duque should be held
filing of a leave of absence. The Investigating Justice liable for impropriety and gross misconduct for
himself noted that her absence involved only a soliciting sexual favors from a party litigant
fraction of her official time.
HELD:
Yes. First, on the question of jurisdiction as
(24) SUSAN O. REYES v. JUDGE MANUEL N. DUQUE
Judge Duque is no longer a member of the judiciary
A.M. No. RTJ-08-2136, 21 September 2010, EN
having retired from the service on 21 February 2008,
BANC (Carpio, J.)
the records show that Reyes filed four similar
complaints against Judge Duque. It is clear from the
FACTS:
records that Reyes filed her intended complaint
Complainant Susan O. Reyes charged
before Judge Duque retired. Consequently, the
respondent Judge Manuel N. Duque with
Court no doubt has jurisdiction over this
Impropriety, Corruption and Gross Misconduct.
administrative case.
Reyes alleged that she was a party-in-intervention in
a land registration case. Atty. Herminio Ubana, Sr.,
On the charge of graft and corruption, the
the lawyer of Reyes, introduced her to Judge Duque.
Investigating Justice and the OCA found insufficient
When Reyes was unable to re-negotiate with the
evidence to sustain Reyes allegation that Judge
bank with regard to the pending case, she allegedly
Duque demanded and received money from her in
received a phone call from Judge Duque, instructing
consideration of a favorable ruling. Thus, this charge
her to go to his house and bring some money in
should be dismissed for being unsubstantiated.
order that he can deny the pending motion to break
open. Judge Duque demanded P100,000 but
On the charge of impropriety and gross
Reyes was unable to give the full amount. When
misconduct, and after a thorough investigation
Reyes went again to his house, he allegedly scolded
conducted by the Investigating Justice, it was
her, locked the main door of his house and asked
established, and Judge Duque admitted, that Reyes
Reyes to step into his office. Judge Duque touched
went to his house. Substantial evidence also pointed
her private parts and attempted to have sexual
to Judge Duques liability for impropriety and gross
intercourse with her.
misconduct when he sexually assaulted Reyes. The
Investigating Justice likewise observed that Judge
On the other hand, Judge Duque averred
Duque merely attempted to destroy the credibility of
that since the complaint of Reyes was filed after he
Reyes when he insinuated that she could be a
retired, he was no longer under the jurisdiction of the
28
Legal Ethics 3B
woman of ill repute or a high class prostitute or one and immorality. He failed to live up to the high moral
whose moral value is at its lowest level. However, standards of the judiciary and even transgressed the
no judge has a right to solicit sexual favors from a ordinary norms of decency of society. Had Judge
party litigant even from a woman of loose morals. Duque not retired, his misconduct would have
In Tan v. Pacuribot, this Court further stressed: merited his dismissal from the service.
We have repeatedly reminded members of (25) Re: Anonymous Letter- dated August 12,
the Judiciary to so conduct themselves as to be 2010, complaining against Judge Ofelia T. Pinto,
beyond reproach and suspicion, and to be free Regional Trial Court, Branch 60, Angeles City,
from any appearance of impropriety in their Pampanga.
personal behavior, not only in the discharge of
FACTS:
their official duties but also in their everyday lives.
For no position exacts a greater demand on the 1. A letter-complaint was filed before the Office of
moral righteousness and uprightness of an the Court Administrator against Judge Ofelia
individual than a seat in the Judiciary. Judges are Pinto where she was charged with dishonesty,
violation of the Anti-Graft and Corrupt Practices
mandated to maintain good moral character and Act, Gross Misconduct in violation of the Judicial
are at all times expected to observe Conduct, and knowingly rendering an unjust
irreproachable behavior so as not to outrage judgment in connection with the reopening of a
criminal case whose decision was already final
public decency. We have adhered to and set forth
and executor and subject of an entry of judgment
the exacting standards of morality and decency, in the Court of Appeals.
which every member of the judiciary must 2. OCA required Judge Pinto to comment on the
anonymous letter-complaint and Judge Pinot
observe. A magistrate is judged not only by his alleged that the outright denial of the motion to
official acts but also by his private morals, to the re-open the case was improper, without violating
extent that such private morals are externalized. the accuseds opportunity to be heard. She also
alleged that even granting that her acts were
He should not only possess proficiency in law but
indeed erroneous, they were done in the exercise
should likewise possess moral integrity for the of her adjudicative functions which cannot be
people look up to him as a virtuous and upright made subject of a disciplinary, civil, or criminal
action absent fraud, dishonest, and corruption on
man.
her part.
3. OCA recommended that Judge Pinto be held
The conduct of Judge Duque fell short of the guilty of Gross Ignorance of Law and Procedure
and be suspended from service without salary
exacting standards for members of the judiciary. He
and other benefits for a period of six month with a
failed to behave in a manner that would promote stern warning. The Court agreed with the
confidence in the judiciary. Considering that a judge resolution of OCA but changed the penalty to
dismissal from service.
is a visible representation of the law and of justice,
he is naturally expected to be the epitome of integrity ISSUE:
and should be beyond reproach. Judge Duques Whether or not Judge Pinto should be
conduct indubitably bore the marks of impropriety dismissed from service on the ground of Gross
Ignorance of Law and Procedures.
29
Legal Ethics 3B
30
Legal Ethics 3B
reviewing such resolution of DOJ, for manifest bias (27). DR. JANOS B. VIZCAYNO, complainant vs.
and partiality on the basis that Judge Pinto acted as JUDGE JASPER JESSE G. DACANAY, in his
the solemnizing officer in the accused sons wedding official capacity as the Presiding judge of the
during the same year the case was terminated. In Municipal Circuit Trial Court of Liloan-
her defense, Judge Pinto claimed that she duly Compostela, Cebu, respondent
exercised judicial discretion at every stage of the (A.M. No. MTJ-10-1772; Second Divison ; J.
proceeding and that she is allowed by law to Carpio; December 5, 2012)
solemnize marriage under the Family Code. FACTS:
Upon investigation of the presiding Justice 1. Dr. Vizcayno filed an administrative complaint
of Court of Appeals found no basis for the alleged against Judge Dacanay for gross Ignorance of
violation of Canon 2. the Law, Abuse of Authority, Manifest Partiality
and Delay relative to a Civil Case.
2. The complaint originated from the alleged ex-
ISSUE: Whether or not Judge Pinto the Code of
parte ocular inspection conducted by
Judicial Conduct? (Yes but under Section 1 of
respondent Judge without notice given to the
Canon 4)
complainant.
HELD:
3. In the Judges Comment he raised as defense
Upon assumption of office a Judge becomes
that he went to the subject property with his
the visible representation of the law and of justice.
utility personnel only to conduct his own
Faithful observance of the Canons is the price one
investigation and no one from the plaintiffs or
has to pay for being a magistrate. He must conduct
the defendant ever entertained him. He
himself in a manner that will withstand the most
argues that he made the inspection in good
searching public scrutiny, for the ethical principles
faith and with noble intentions.
and sense of propriety of a judge are essential to the 4. The Office of the Court Administrator
preservation of the peoples faith in the judicial recommended that respondent be declared
system. The Supreme Court does not require of guilty of conduct prejudicial to the best interest
judges that they measure up to the standards of of the service in violation of Sec. 1, Canon 4
conduct of the saints and martyrs, but we do expect of The New Code of Judicial Conduct.
them to be like Caesars wife in all their activities. ISSUES:
In acting as the solemnizing officer is 1. Whether or not Judge Dacanay should be
improper and highly unethical for a judge held administratively liable for conduct
considering that the accused is a party in a case prejudicial to the best interest of the service
pending before her sala. for conducting an ocular inspection without
*Canon 4, Section 1Judges shall avoid impropriety informing the parties
2. Whether Judge Dacanay should be held
and the appearance of impropriety in all of their
administratively liable for the delay in the
activities.
resolution of the Motion for Inhibition
HELD:
31
Legal Ethics 3B
1. Judge Dacanay is guilty of conduct prejudicial The petitioners charged respondent Judge
to the best interest of the service. Section 1, Ros for violating Canons 2 and 3 of the Code of
Canon 4 of The New Judicial Conduct states Judicial Conduct. The said letter-complaint
that judges shall avoid impropriety and the emanated from the actions and rulings of Judge Ros
appearance of impropriety in all their relative to Criminal Case Nos. 10-274696 to 10-
activities. The court previously ruled in similar 274704. Petitioners alleged that on March 23, 2010,
cases that an ocular inspection without notice the above cases were raffled to Branch 33, RTC-
to nor presence of the parties is highly Manila. However, on the very same day the said
improper. Good and noble intentions case was raffled to the respondent judge, the latter
notwithstanding, Judge Dacanays actuations issued an order dismissing the criminal cases for
gave an appearance of impropriety. His lack of probable cause.
behavior diminished public confidence in the
integrity and impartiality of the judiciary. All
those involved in the dispensation of justice,
The aforesaid incidents started to create
from the presiding justice to the lowliest clerk,
reservations in the mind of the petitioners on the
must always be beyond reproach. Their
respondent Judges impartiality. They doubted Judge
conduct must, at all times, be circumscribed
Ros fairness in handling the aforementioned
with the heavy burden of responsibility free
criminal cases because of the speed at which he
from any suspicion that may taint the judiciary.
2. The Respondent Judge expunged from the disposed them when they had just been raffled to
records the said motion because the counsel him. The petitioners could not believe that he could
of complainant failed to indicate the date of resolve the cases within the same day considering
issue and number of MCLE Compliance as that the records thereof are voluminous and that the
required by Bar Matter No. 1922. Said Order criminal cases were raffled to him on the day he
may therefore be considered as a denial of issued the order of dismissal. Nevertheless, the
the Motion for Inhibition, which was issued petitioners continued to respect the respondents
within the 90-day period to resolve a motion. order and sought other legal remedies such as the
filing of a motion for reconsideration. However, when
Judge Ros issued the order resolving the motion for
(28). AMBASSADOR HARRY C. ANGPING and reconsideration after two (2) days from the filing of
ATTY. SIXTO BRILLANTES vs.JUDGE the comment and without awaiting for PSCs reply,
REYNALDO G. ROS petitioners were convinced that respondent Judge
Ros acted with partiality and malice, thus the petition
A.M. No. 12-8-160-RTC
filed against him.
Facts:
32
Legal Ethics 3B
33
Legal Ethics 3B
Whether or not Judge Piscoso-Flor failed to render aspect in the administration of justice. It mandates
speedy disposition of cases. that lower courts have three (3) months or ninety
(90) days within which to decide cases or matters
Whether or not Judge Piscoso-Flor failure to decide submitted to them for resolution. Also, the Code of
cases and resolve motions within the reglementary Judicial Conduct requires judges to dispose of the
period constitutes gross inefficiency and gross Courts business promptly and decide cases within
negligence. the prescribed period.
HELD:
It cannot be over emphasized that judges need to
decide cases promptly and expeditiously. Delay in
The OCA evaluation tells us that Judge Piscoso-Flor
the disposition of cases, it must again be stated, is a
is guilty of failing to decide cases within the required
major cause in the erosion of public faith and
periods, citing Criminal Case No. 127 (People v.
confidence in the justice system. For this
Juanito Baguilat) as the principal basis of its
fundamental and compelling reason, judges are
conclusion. In this case, the OCA faulted Judge
required to decide cases and resolve motions with
Piscoso-Flor for using as justification for her inaction
dispatch within the reglementary period. Failure to
the parties failure to submit their respective
comply constitutes gross inefficiency, a lapse that
memoranda. The OCA opined that this is not a valid
warrants the imposition of administrative sanctions
reason for not deciding the case; if she believed she
against the erring magistrate.
would not be able to decide the case on time, she
could have asked the Court for an extension of the
(30) RE: SEXUAL HARASSMENT COMMITED BY
required period. The OCA acknowledged though that
JUDGE REXEL M. PACURIBOT, RTC, BR. 27,
Judge Piscoso-Flor requested for an extension to GINGOOG CITY
decide the case in her monthly report of cases and
certificate of service. AM No. RTJ-06-1983 (December 14, 2007)
34
Legal Ethics 3B
35
Legal Ethics 3B
failed to do so, she was summoned to the judges conscientiously kept track of her performance
chambers and when she was inside, he slapped her. ratings. An underling who believes that her superior
wields control over her continued employment will
* Judge Pacuribots Defenses cower in fear to the point of tolerating the indignities
committed on her. Hence, her delay in reporting the
incident was understandable.
Judge Pacuribot denied the charges of A and B. He
belied As charge, saying that her behavior was not
reflective of a rape victim, as she did not The Court also rejected Judge Pacuribots
immediately report the incident to the authorities. He contention that As behavior was not typical of a rape
contended that a 43-year old lady was no longer victim. The Judge contended that a rape victim
nave and having assisted as stenographer in a normally behaves with animosity and grievance
number of rape cases, she knew how important it toward the offender. The Court held that A could not
was to report the incident immediately. He also display her animosity and grievance toward Judge
contended that even a month after the supposed Pacuribot as this would have cost her to lose her job.
incident, A even invited Judge Pacuribot to her The Court also found that the delay of A in filing the
birthday party. case was of no moment, as she was afraid of Judge
Pacuribots power and influence.
Judge Pacuribot also belied the charge of B. He
contended that B was just a woman scorned and The Court, further, reiterated that it is against human
that she was out to seek revenge. He alleged that B nature for a married woman to fabricate a story that
was the one who called him repeatedly, sending him would not just put herself in a lifetime of dishonor,
alluring and seductive text messagesand that he but would destroy her family as well. The fact that
rejected all of these advances. He also alleged that the victim resolved to face the ordeal and relate it in
B was angry with him because, in one of his cases, public evinces that she did so to obtain justice.
he mentioned her incompetence, inexperience, and
unprofessional attitude toward her work. The Court dismissed Judge Pacuribot from service,
with forfeiture of all retirement benefits, with
Held: Judge Pacuribot was found guilty of the prejudice to re-employment in any government
charges of rape (of A) and the sexual harassment (of branch or service.
B).
36
Legal Ethics 3B
had approved bail bonds issued by a blacklisted degree of incompetence on her part, we should not
assurance company (COVENANT). Although some find Judge Tamang guilty of simple misconduct, a
were secured through legitimate assurance less serious charge under Section 9, Rule
companies, it was found that judge approved bail 140, Rules of Court. Instead, we find her guilty of
bonds in San Juan despite availability of judges in simple neglect of duty, a light charge under Section
RTC of Mandaluyong to which court the cases are 10, Rule 140, Rules of Court, for we are all too
pending. In answer, Judge Tamang admitted that aware of the pitfalls that a judge like her frequently
she approved the bail bonds but she insisted that stumbles into when detailed in another station. She
she merely relied on the representation of her duly became an unwitting victim of the continuing illegal
authorized personnel that the bail bonds were in activities of Medrano, who took advantage of her
order. being too busy with her judicial and administrative
duties and tasks to have noticed and prevented his
ISSUE: WON Judge Tamang competently act in illegal activities. Her liability was mitigated Medrano
approving the bail bonds. (Clerk of Court) admitted his liability and totally
exonerated Judge Tamang of any participation in or
HELD: knowledge of the anomalous scheme of submitting
blacklisted bonds for approval; Second: It is
The New Code of Judicial Conduct for the undisputed that upon learning about the anomaly in
Philippine Judiciary requires that a magistrate be the August 2003 Judge Tamang immediately took steps
embodiment of judicial competence. According to to frontally deal with it by conducting an
Webster, competence means the quality or state of investigation, and directing Sorio at first and
being functionally adequate or having sufficient Medrano later to explain their participations in the
knowledge, judgment, skill, or strength. uncovered anomaly.[ Third: The offense is Judge
Judge Tamangs excuse of simply relying on the Tamangs first administrative charge as a judge.
representation of the court personnel who
unfortunately took advantage of her leniency and (32) A.M. No. RTJ-09-2190 April 23, 2010
kindness betrayed a deficiency in that requisite HADJA SOHURAH DIPATUAN vs JUDGE
degree of circumspection demanded of all those who MAMINDIARA MANGOTARA
don the judicial robe. She cannot now thereby
exculpate herself, or take refuge behind that excuse,
for, in fact, such reliance was actually her admission FACTS: On September 2001, a criminal case for
of being neglectful and of lacking the diligent care in murder for the killing of Elias Ali Taher was filed
paying attention to the judicial matters brought to her against Ishak Abdul and Paisal Dipatuan
Although her approval of the bail bonds and her presided by Judge Pangadapun but the said judge
issuance of the orders of release manifested a died during the pendency of the case which resulted
to its transfer to different judges designated by the
37
Legal Ethics 3B
Supreme Court. Later on, by virtue of Administrative Whether or not there is gross ignorance of
Order No. 201-2007, the Supreme Court designated the law on part of Judge Mangotara in
Judge Mamindiara Mangotara, Presiding Judge of
the RTC of Iligan City, Lanao Del Norte, as Acting deciding the case.
38
Legal Ethics 3B
the said case, she nonetheless failed to institute any replacement by Judge Busran, dated December 26,
motion for inhibition. 2007, only on January 26, 2008. It must be stressed
that not every error or mistake that a judge commits
Complainant failed to cite any specific act that would in the performance of his duties renders him liable,
indicate bias, prejudice or vengeance warranting unless he is shown to have acted in bad faith or with
respondents voluntary inhibition from the deliberate intent to do an injustice. Good faith and
case. Complainant merely pointed on the alleged absence of malice, corrupt motives or improper
adverse and erroneous rulings of respondent Judge considerations are sufficient defenses in which a
to their prejudice. By themselves, however, they do judge can find refuge. In this case, complainant
not sufficiently prove bias and prejudice. adduced no evidence that Mangotara was moved by
bad faith when he issued the disputed order.
To be disqualifying, the bias and prejudice must be
shown to have stemmed from an extrajudicial source On the 2nd issue, the Court ruled on the
and result in an opinion on the merits on some basis affirmative.
other than what the judge learned from his
participation in the case. Opinions formed in the Section 5, Rule 114 of the Revised Rules on
course of judicial proceedings, although erroneous, Criminal Procedure provides: Bail, when
as long as they are based on the evidence discretionary. Upon conviction by the Regional
presented and conduct observed by the judge, do Trial Court of an offense not punishable by
not prove personal bias or prejudice on the part of death, reclusion perpetua or life imprisonment,
the judge. As a general rule, repeated rulings against admission to bail is discretionary.xxx
a litigant, no matter how erroneous and vigorously
and consistently expressed, are not a basis for The rule is very explicit as to when admission to bail
disqualification of a judge on grounds of bias and is discretionary on the part of the respondent Judge.
prejudice. Extrinsic evidence is required to establish It is imperative that judges be conversant with basic
bias, bad faith, malice or corrupt purpose, in addition legal principles and possessed sufficient proficiency
to the palpable error which may be inferred from the in the law. In offenses punishable by reclusion
decision or order itself. Although the decision may perpetua or death, the accused has no right to bail
seem so erroneous as to raise doubts concerning a when the evidence of guilt is strong. Thus, as the
judge's integrity, absent extrinsic evidence, the accused in Criminal Case No. 3620-01 had been
decision itself would be insufficient to establish a sentenced to reclusion perpetua, the bail should
case against the judge. have been cancelled, instead of increasing it as
Moreover, we likewise found no basis to hold respondent Judge did.
respondent Judge administratively liable anent his
issuance of the Decision dated December 2007. As
aptly observed by the Investigating Justice,
Clearly, in the instant case, the act of Mangotara in
Mangotara acted in good faith when he issued the
increasing the bail bond of the accused instead of
subject decision, since he received notice of his
39
Legal Ethics 3B
cancelling it is not a mere deficiency in prudence, YES. The conduct of Judge Arcaya-Chua is
discretion and judgment on the part of respondent violative of the provisions of the New Code of
Judge, but a patent disregard of well-known rules. Judicial Conduct, thus:
When an error is so gross and patent, such error Canon 1, Sec. 4. A judge shall not allow family,
produces an inference of bad faith, making the judge social, or other relationships to influence judicial
liable for gross ignorance of the law. conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private
interests of others, nor convey or permit others to
convey the impression that they are in a special
position to influence the judge.
(33) FRANCISCO P. OCAMPO vs. JUDGE
EVELYN S. ARCAYA-CHUA
Canon 2, Sec. 1. Judges shall ensure that not only
April 23, 2010
is their conduct above reproach, but that it is
FACTS:
perceived to be so in the view of a reasonable
Sylvia Santos filed a Complaint against
observer.
Judge Arcaya-Chua for serious misconduct and
Canon 2, Sec. 2. The behavior and conduct of
dishonesty. Santos, an aunt of respondent Judges
judges must reaffirm the peoples faith in the integrity
husband, alleged that she asked for the Judges help
of the judiciary. Justice must not merely be done
regarding the cases of her friend pending before the
but must also be seen to be done.
Supreme Court. Judge Arcaya-Chua, a former
Canon 4, Sec. 1. Judges shall avoid impropriety
employee of the Supreme Court, said that she could
and the appearance of impropriety in all of their
help as she had connections with some of the
activities.
Justices therein; she just needed P100,000.00 which
All those who don the judicial robe must
she would give to an employee of the Court for the
always instill in their minds the exhortation that the
speedy resolution of the said cases. Santos gave the
administration of justice is a mission. Judges, from
Judge the P100,000.00 in the privacy of the latters
the lowest to the highest levels, are the gems in the
chamber. But when Santos followed up the cases,
vast government bureaucracy, beacon lights looked
Judge Arcaya-Chua told her that there was a
upon as the embodiments of all what is right, just
problem, as the other party was offering P10 million
and proper, the ultimate weapons against injustice
to the Justices. Complainant asked respondent to
and oppression. Those who cannot meet the
return the P100,000.00; however, respondent could
exacting standards of judicial conduct and integrity
no longer be contacted.
have no place in the judiciary.
ISSUE: WON the conduct of the judge is violative of
Judge Arcaya-Chua was suspended from
Canons 1, 2 and 4 of the New Code of Judicial
office for six months.
Conduct.
40
Legal Ethics 3B
Atty. Harry Roque, Jr. and Atty. Romel Bagares (G.R.No. 162230). Counsels Attys. H. Harry L.
alleged that Justice Mariano Del Castillo committed Roque, Jr. (Atty. Roque) and Romel Regalado
Bagares (Atty.Bagares) for Vinuya, et al . (the
an intellectual offense when the latter plagiarized its
Malaya Lolas), filed a supplemental Motion for
discussion of the principles of jus cogens and erga Reconsideration, on theground that, inter alia,
omnes in Vinuya vs. Executive Secretary case. By charge of plagiarism as one of the grounds for
reconsideration of theVinuya decision and a twisting
reason of such allegation, members of UP College of
of the true intents of the plagiarized sources by
Law call for the resignation of Justice del Castillo. the ponenciawas made to suit the arguments of the
However, the statement they made was aggravated assailed Judgment for denying the Petition. Works
allegedly plagiarized in the Vinuya decision were
by additional imputations against the court and
namely: (1) Evan J. Criddle and Evan Fox-Decents
criticizing it beyond reproach. article A Fiduciary Theory of Jus Cogens; (2)
Christian J Tam s b o o k Enforcing Erga Omnes
ISSUE: WON the criticisms made by the members of
Obligations in International Law; and (3) Mark
UP College of law is proper Ellis article Breaking the Silence: On Rape as an
International Crime. Such supplemental motion for
HELD:
reconsideration appeared on internet sites.
Thereafter, a statement entitled Restoring Integrity:
No. while most agree that the right to criticize the A Statement by the Faculty of the University of the
Philippines College of Law on the Allegations of
judiciary is critical to maintaining free and democratic
Plagiarism and Misrepresentation in the Supreme
society, there is also a general consensus that the Court was submitted by Dean Marvic M.V.F. Leone
to the Court through Chief Justice Renato C.
healthy criticism only goes so far. These potentially Corona. The statement basically conveys that the
plagiarism committed in the case of Vinuya v
devastating attacks and unjust criticism can threaten Executive Secretary is unacceptable, unethical and
in breach of the high standards of moral conduct and
the independence of the judiciary. The court must
judicial and professional competence expected of
insist on being permitted to proceed to the the Supreme Court. (See attachment for complete
text of the statement). The SC Ethics Committee
diposition of its business in an orderly manner, free referred this matter to the Court en banc.
from outside interference obstructive of its functions The high court said the UP law professors
statement was evidently intended to discredit its
and tending to embarrass the administration of April 28 decision on the Vinuya et al. v the Executive
Secretary et al. case. It claimed that the law faculty
justice.
wanted to undermine the courts honesty, integrity
and competence in addressing the motion for
reconsideration of 70 comfort women.
(35) RE: LETTER OF THE UP LAW FACULTY
ENTITLED RESTORING INTEGRITY: Accordingly,the Court directed the 37 UP law
A STATEMENTBYTHEFACULTYOFTHEUNIVERSITYOFTHE faculty-signatories to show cause, within ten
PHILIPPINESCOLLEGEOF LAW ON THE (10)days from receipt why they should not be
ALLEGATIONS OF PLAGIARISM AND disciplined as members of the Bar for violation of
MISREPRESENTATION IN THESUPREMECOURT Canons 1, 11 and13 and Rules 1.02 and 11.05 of the
Code of Professional Responsibility.
41
Legal Ethics 3B
ISSUE: Issue:
42
Legal Ethics 3B
to judicial writings intended to decide cases for of Public Document, Perjury and Estafa was filed
two reasons: the judge is not writing a literary against her before the Office of Regional Prosecutor
work and, more importantly, the purpose of the and Ombudsman and the same was dismissed in
writing is to resolve a dispute. As a result, the former. Following her retirement, then Atty.
judges adjudicating cases are not subject to a Aguilar applied for the position of judge, supported
claim of legal plagiarism. with her accomplished Personal Data Sheet (PDS),
Question No. 23 of the PDS asked: "Is there any
pending civil, criminal or administrative (including
disbarment) case or complaint filed against you
(2) No. Justice Del Castillo is not guilty of
pending before any court, prosecution office, any
misconduct. The error here is in good faith. There
other office, agency or instrumentality of the
was no malice, fraud or corruption. Though the
government, or the Integrated Bar of the
ponencia of Justice Del Castillo accidentally deleted
Philippines?" In answer to said question, Atty. Aguilar
the attribution to them, there remained in the final
wrote "None" so Atty. Aguilar was appointed as RTC
draft of the decision attributions of the same
Judge of Burgos, Pangasinan. After her
passages to the earlier writings from which those
appointment, the Deputy Ombudsman for Luzon
authors borrowed their ideas in the first place.
found no liability on Atty. Aguilars part for dishonesty
but only for misconduct and imposed the penalty of
In short, with the remaining attributions after the
one month suspension. Atty. Aguilar assumed her
erroneous clean-up, the passages as it finally
judicial position on February 8, 2006 and
appeared in the Vinuya decision still showed on their
accomplished another PDS for submission to the
face that the lifted ideas did not belong to Justice Del
Supreme Court and were asked:37. a. Have you
Castillo but to others. He did not pass them off as his
ever been formally charged? b. Have you ever been
own.
guilty of any administrative offense?38. Have you
ever been convicted of any crime or violation of any
law, decree, ordinance or regulation by any court or
The Court DENIES petitioners motion for tribunal? Judge Aguilar answered "No" to all the
reconsideration for lack of merit. questions.
43
Legal Ethics 3B
no pending administrative case against her; and that (38) RE: PETITION FOR RADIO AND TELEVISION
COVERAGE OF THE MULTIPLE MURDER CASES
she had not been formally charged nor found guilty
AGAINST MAGUINDANAO GOVERNOR ZALDY
of any administrative charge. All the while, Arnel AMPATUAN, ET AL.,
AM No. 10-11-5-SC
Sisons administrative complaint against Judge
June 14, 2011
Aguilar, OMB-L-A-03-0718-G, was pending before
FACTS:
the Deputy Ombudsman for Luzon. The Deputy
Ombudsman for Luzon, in a Decision dated Petitioners seek the lifting of the absolute ban on
live television and radio coverage of court
November 29, 2005 in OMB-L-A-03-0718-G, found
proceedings of the Maguindanao Massacre. They
Judge Aguilar guilty of misconduct and imposed principally urge the Court to revisit the 1991 ruling in
Re: Live TV and Radio Coverage of the Hearing of
upon her the penalty of one month suspension; and
President Corazon C. Aquinos Libel Case and the
in an Order dated January 31, 2006, denied Judge 2001 ruling in Re: Request Radio-TV Coverage of
the Trial in the Sandiganbayan of the Plunder Cases
Aguilars motion for reconsideration, but modified the
Against the Former President Joseph E. Estrada
penalty imposed by converting it to a fine equivalent which were rulings that violated the doctrine that
proposed restrictions on constitutional rights that are
to one month salary.
to be narrowly construed and outright prohibition
cannot stand when regulation is a viable alternative.
The accomplishment of the PDS is a requirement Petitioners state that the trial case has attracted
intense media coverage due to the gruesomeness of
under the Civil Service Rules and Regulations for the crime, prominence of the accused, and the
employment in the government. Since truthful number of media personnel killed. They inform that
reporters are being frisked and searched for
completion of PDS is a requirement for employment cameras, recorders, and cellular devices upon entry,
in the Judiciary, the importance of answering the and that under strict orders of the trial court against
live broadcast coverage, the number of media
same with candor need not be gainsaid. With practitioners allowed inside the courtroom has been
respect to Judge Aguilars supposed omission in her limited to one reporter for each media institution. The
record shows that NUJP Vice-Chairperson Jose
PDS submitted with her judgeship application, we Jaime Espina, by January 12, 2010 letter to Judge
are guided by the ruling in Plopinio v. Zabala-Cario Solis-Reyes, requested a dialogue to discuss
concerns over media coverage of the proceedings of
wherein we clarified that a person shall be the Maguindanao Massacre cases. Judge Solis-
considered formally charged in administrative cases Reyes replied, however, that matters concerning
media coverage should be brought to the Courts
only upon a finding of the existence of a prima facie attention through appropriate motion.
case by the disciplining authority, in case of a
ISSUE:
complaint filed by a private person. However, Judge
Aguilars failure to disclose OMB-L-A-03-0718-G in Whether or not there can be live broadcast by
television and radio of the trial court proceedings
her PDS filed upon her assumption of office when without violation of Canon 1 Section 1 of The New
she already had notice of the adverse decision Code of Judicial Conduct for the Philippine
Judiciary?
therein constitutes dishonesty, considered a grave
offense under the Administrative Code of 1987, as RULING:
well as the Uniform Rules on Administrative Cases in Yes. The Court partially granted pro hac vice (for this
the Civil Service (Civil Service Rules), with the occasion) petitioners prayer for a live broadcast of
the trial court proceedings. The New Code of
corresponding penalty of dismissal from service Judicial Conduct for the Philippine Judiciary Canon
even for the first offense. 1, Section 1 provides:
44
Legal Ethics 3B
Judges shall exercise the judicial function the judge. Further, when complainants wife was to
independently on the basis of their assessment of move for the postponement of the mediation of the
the facts and in accordance with a conscientious case before the Philippine Mediation Center, she
understanding og the law, free of any extraneous was informed by the clerk that Judge Tabin likewise
influence, inducement, pressure, threat or inquired about the same. Thus, the administrative
interference, direct or indirect, from any quarter of for complaint was filed by Atty. Gandeza against Judge
any reason. Tabin before the OCA, who referred the case to the
According to the ruling penned by Conchita Carpio- Executive Judge of RTC Baguio.
Morales, the indication of serious risks posed by
live media coverage to the accuseds right to due Investigation Judge Clavarall recommended
process, left unexplained and unexplored in the era the dismissal of the complaint for lack of evidence
obtaining in Aquino and Estrada, has left a blow to but OCA held that Judge Tabin was guilty of violation
the exercise of press freedom and the right to public of Canon 4, Section 1 of the New Code of Judicial
information. In this day and age, it is about time to Conduct.
craft a win-win situation that shall not compromise
rights in the criminal administration of justice, ISSUE:
sacrifice press freedom and allied rights, and
interfere with the integrity, dignity and solemnity of WON Judge Tabin is guilty of Canon 4,
judicial proceedings. Compliance with regulations, Section 1 of the New Code of Judicial Conduct on
not curtailment of a right, provides a workable Propriety
solution to the concerns raised in these
administrative matters, while, at the same time, HOLD:
maintaining the same underlying principles upheld in
the two aforementioned cases. Yes, Judge Tabin is guilty of violating said
provision. Even though there was no evidence of
malice amounting to gross misconduct and conduct
unbecoming of a judge, the acts of Judge Tabin such
as directing a second test for alcohol be taken and
(39) ATTY. CONRADO B. GANDEZA vs. JUDGE interfering in the investigation of the incident. Even
MARIA TABIN though there was no disclosure made by Judge
A.M. No. MTJ-09-1736 | July 25, 2011 | Peralta, J. Tabin of her personality, both the police and the
complainant knew her to be a judicial officer, and
FACTS: that should have been enough cause for her to
refrain from her actions.
On 20 November 2007, a car collision
between that of complainants car, driven by his To stress how the law frowns upon even
driver Guimba Digermo, and the car of the nephew any appearance of impropriety in a magistrates
of respondent Judge Tabin. When Atty. Gandeza activities, it has often been held that a judge must be
arrived at the scene, respondent Judge was like Ceasars wife above suspicion and beyond
conferring with the police investigator and when he reproach. SC held Judge Tabin guilty of impropriety,
approached complainant, he spoke in a harsh tone was reprimanded and given a stern warning that a
accusing the driver to have been driving under the repetition of the same shall be dealt with more
influence of liquor. This allegation was repeatedly severely.
said to the investigator by Judge Tabin. When they (40) Atty. Jose Vicente D. Fernandez v. Judge
were all in the hospital, Judge Tabin continued her
Angeles S. Vasquez, A.M. No. RTJ-11-2261
allegations and when the breath examination for
alcohol came out negative, she even demanded a July 26, 2011, Perez, J.
re-examination.
Complainant also suspected Judge Tabin to Facts: Atty. Jose Vicente D. Fernandez is the
be conspiring with the prosecutor since the counsel of several cases instituted for the recovery
complaint was already filed barely a week after the
collision. Additionally, complainants wife, also a of the properties against spouses Ranolas which
lawyer, even saw an employee of Judge Tabin were all raffled to the court presided over by
carrying the folder of the criminal case, which the
employee said that she was to bring it to the sala of respondent Judge Vasquez. Respondent judge
45
Legal Ethics 3B
asked complainant to file a motion for his inhibition Issue: Whether or not respondent judge is guilty of
on the ground that respondent judge was the gross dishonesty and falsification of an official
counsel, prior to his appointment as public document in violation of the Code of Judicial
prosecutor, of the Raola family. No action was Conduct.
taken by respondent judge on the Motion. It was
only after a year, after complainant filed a Held: We agree with the findings of the OCA on
Supplemental Motion for Inhibition, on the ground of respondents gross inefficiency and dishonesty
manifest bias, partiality and inexcusable delay in the although we differ with respect to the penalty
Another matter that complainant observed by the OCA, respondent judge failed to
emphasized in his complaint was the dishonesty resolve the motion for his inhibition within the 90-day
accomplished his Personal Data Sheet (PDS) for the justice, judges are required to act with dispatch in
Judicial and Bar Council (JBC) when he placed an resolving motions filed in their court. The parties
"x" in the box indicating a "No" answer to the have the right to be properly informed of the
question: "Have you been charged with or convicted outcome of the motions they have filed and the
of or otherwise imposed a sanction of any law, Constitutional right to a speedy disposition of their
decree, ordinance or regulation by any court, case. Taking into account the circumstances in this
tribunal, or any other government office, agency or case, we find no reason for respondent judges
instrumentality in the Philippines or any foreign delayed action. Delay in resolving motions and
country, or found guilty of an administrative offense incidents pending before a judges sala within the
or imposed any administrative sanction? (Question reglementary period fixed by the Constitution and
No. 24), and Have you ever been retired, dismissed the law is not excusable and cannot be condoned.
46
Legal Ethics 3B
Presiding Judge, RTC, Branch 8, Marawi City, undermines the public confidence in the judiciary
Respondent. through his demonstrated incompetence. When the
A.M. No. RTJ-10-2225 law is sufficiently basic, a judge owes it to his office
September 6, 2011 to know and to simply apply it. Anything less would
be constitutive of gross ignorance of law.
FACTS: Branch 6 of the Iligan City RTC
rendered a decision holding the Mindanao State (42) OFFICE OF THE COURT ADMINISTRATOR V.
University (MSU) liable for damages amounting to JUDGE UYAG USMAN, A.M. No. SCC-08-12,
P2, 726, 189.90. When MSU failed to comply with Third Division, October 19, 2011, Mendoza, J.
the writ of execution, Sheriff Gerard Peter Gaje
served a Notice of Garnishment on MSUs FACTS:
depository bank, Land Bank of the Philippines (LBP),
Marawi City Branch. Consequently, MSU filed a Complainant alleged that respondent acquired a
petition for prohibition and mandamus with an brand new SUV, specifically a Kia Sorento EX,
application for the issuance of a Temporary Automatic Transmission and 2.57 CRDI Diesel for
Restraining Order (TRO) and/or preliminary 1,526,000.00; that he paid in cash the total down
injunction against the LBP and Sheriff Gaje, which payment of 344,200.00; and that the remaining
was raffled to Branch 8 Marawi City RTC presided balance was payable in 48 months with a monthly
by Judge Balindong. Respondent Judge issued the amortization of 34,844.00 to the Philippine Savings
Temporary Restraining Order (TRO), hence, an Bank (PS Bank), Ozamis City Branch. Complainant
administrative complaint was filed charging him with further averred that respondent had just been
Gross Ignorance of the Law, Grave Abuse of recently appointed as a judge and since he assumed
Authority, Abuse of Discretion, and/or Grave his post, he seldom reported for work and could not
Misconduct Prejudicial to the Interest of the Judicial be located within the courts premises during office
Service for interfering with the order of a co-equal hours. Respondents financial capability to acquire
court, Branch 6 of the Iligan City RTC. said vehicle has been questioned because he is the
sole bread winner in his family and he has seven (7)
ISSUE: Whether or not Judge Balindong children, two (2) of whom were college students at
violated the principle of judicial stability. the Medina College School of Nursing, a private
school. Respondent bared that, at present, he is
HELD: YES. Respondent Judge clearly ignored the receiving a monthly take home pay of more than
principle of judicial stability by issuing a Temporary 40,000.00 including his salary and allowances plus
Restraining Order (TRO) to restrain Sheriff Gaje honorarium from the local government.
from enforcing the writ of execution issued by a co-
equal court, Branch 6 of the Iligan City RTC, and ISSUE:
from pursuing the garnishment from MSUs account
Whether or not respondent is is guilty of violating
with LBP, Marawi City Branch.
Section 7 of R.A. No. 3019 and Section 8 of R.A. No.
6713.
The doctrine of judicial stability or non-
interference in the regular orders or judgments of a HELD:
co-equal court is an elementary principle in the
administration of justice: no court can interfere by The Court agrees with the finding of the OCA that
injunction with the judgments or orders of another the charges against respondent were not fully
court of concurrent jurisdiction having the power to substantiated. The evidence adduced in the case,
grant the relief sought by the injunction. The consisting of documents submitted by respondent
rationale for the rule is founded on the concept of are sufficient to prove that it was, indeed, his mother
jurisdiction: a court that acquires jurisdiction over the who paid the down payment and the monthly
case and renders judgment therein has jurisdiction amortizations for the subject vehicle.
over its judgment, to the exclusion of all other
coordinate courts, for its execution and over all The Court also agrees with the OCA that respondent
its incidents, and to control, in furtherance of is guilty of violating Section 7 of R.A. No. 3019
justice, the conduct of ministerial officers acting otherwise known as the Code of Conduct and
in connection with this judgment. Ethical Standards for Public Officials and Employees
and of Section 7 of R.A. No. 3019, known as the
His lack of familiarity with the rules in Anti-Graft and Corrupt Practices Act
interfering with the acts of a co-equal court
47
Legal Ethics 3B
It is imperative that every public official or 3. Judge Ocampo Ocampo denied the charge,
government employee must make and submit a pointing out that Spelmans wife, Villan gave
complete disclosure of his assets, liabilities and net him certain household items for safekeeping
worth in order to suppress any questionable before she filed the case of theft and
accumulation of wealth. This serves as the basis of according to him when he received a copy
the government and the people in monitoring the of Spelmans complaint for grave
income and lifestyle of public officials and misconduct did he learn of the couples
employees in compliance with the constitutional separation and his unwitting part in their
policy to eradicate corruption, to promote legal battles.
transparency in government, and to ensure that all 4. OCA found Judge Ocampo guilty of
government employees and officials lead just and committing acts of impropriety and
modest lives, with the end in view of curtailing and maintaining close affinity with a litigant in
minimizing the opportunities for official corruption violation of Canons 1 and 4 of the New
and maintaining a standard of honesty in the public Code of Judicial Conduct for the Philippine
service. Judiciary
In the present case, respondent clearly violated the ISSUE: Whether or not Judge Ocampos taking and
above-quoted laws when he failed to file his SALN keeping of the personal items belonging
for the years 2004-2008. He gave no explanation to Spelmans but supposedly given to him by the
either why he failed to file his SALN for five (5) latters wife for safekeeping constitutes a violation of
consecutive years. While every office in the the New Code of Judicial Conduct.
government service is a public trust, no position
exacts a greater demand on moral righteousness
and uprightness of an individual than a seat in the
Judiciary. Hence, judges are strictly mandated to HELD:
abide with the law, the Code of Judicial Conduct and
with existing administrative policies in order to Yes, Judge Ocampo is guilty of misconduct.
maintain the faith of our people in the administration
of justice. Judge Ocampo did not explain why, of all
people in Polomolok, Spelmans wife would entrust
to him, a municipal judge, certain personal items for
(43) ROLAND ERNEST MARIE JOSE SPELMANS
safekeeping. He also does not deny that he
vs. JUDGE GAYDIFREDO T. OCAMPO,
conducted an ocular inspection of the houses
A.M. No. MTJ-07-1663, March 26, 2010
that Spelmans used in Polomolok but
ABAD, J.
Judge Ocampo did not explain what justified it. The
charge was not robbery where he might have an
FACTS:
interest in personally looking at where and how the
break-in took place. It was a case of theft where it
1. Roland Ernest Marie Jose Spelmans, a
would be sufficient for the complainant to simply
Belgian, filed before the Office of the
state in her complaint-affidavit where the alleged
Ombudsman complaint for theft and graft
theft took place. If Judge Ocampo received the
and corruption against respondent Municipal
pieces of antique from Villan for safekeeping, this
Trial Court Judge Ocampo wherein
meant that a relation of trust existed between
Spelmans wife orchestrated a scheme of
them. Consequently, Judge Ocampo had every
removing properties in their home by filing a
reason to inhibit himself from the case from the
complaint a complaint of theft.
beginning. He of course claims that he dismissed
2. In the course of the investigation of the
the case against Rencio eventually but this is no
complaint, Judge Ocampo, together with the
excuse since his ruling could have gone the other
parties, held an ocular inspection of that
way. Besides, Spelmans claims that the complaint
rented house and another one
was just a scheme to enable Villan to steal his
where Spelmans kept some of the personal
personal properties from the two houses.
belongings of his late mother and that during
the inspection Judge Ocampo allegedly took
Further, Judge Ocampo only did return the
some of the personal properties in the
items after four years. Hence, Respondent judge
house.
should be made accountable for gross misconduct
constituting violations of the New Code of Judicial
48
Legal Ethics 3B
49
Legal Ethics 3B
According to the OCA, its records in the 12:00 p.m. and from 12:30 p.m. to 4:30 p.m. from
Office of the Administrative Services show that Mondays to Fridays.
respondent judge has incurred absences without Notwithstanding the recommendation of the
filing a leave for such absence, wherein respondent Investigating Justice, the Court finds that the actions
judge was found playing golf on the dates of his of respondent judge constitute gross negligence
absences. and/or gross ignorance of the law.
Also, respondent judge issued divergent We have repeatedly held that to warrant a
orders raising serious questions of impropriety that finding of gross ignorance of the law, it must be
taint respondent judges credibility, probity, and shown that the error is so gross and patent as to
integrity. Coupled with the clandestine issuance of a produce an inference of bad faith.Gross negligence
second order where one party in a case and even refers to negligence characterized by want of even
the judges own staff were left completely in the dark slight care, acting or omitting to act in a situation
the action of respondent judge gives rise to an where there is a duty to act, not inadvertently but
inference of bad faith. Indeed, it is reasonable to willfully and intentionally, with a conscious
believe that the second order was really intended to indifference to consequences insofar as other
give counsel of the opposing party the ammunition to persons may be affected. It is the omission of that
oppose the Urgent Manifestation and Motion to care which even inattentive and thoughtless men
Recall Writ of Execution/Garnishment , which was to never fail to take on their own property. In cases
be heard by the RTC of Makati City. involving public officials, there is gross negligence
On August 23, 2007, a complaint was filed when a breach of duty is flagrant and palpable.
with the Supreme Court, contending that respondent The totality of all these findings underscore
judge did not have the judicial authority to hear and the fact that respondent judges actions served to
decide the issues involved in Civil Case No. 2003- erode the peoples faith and confidence in
433 for want of jurisdiction. According to the judiciary. He has been remiss in the fulfillment of
complainant, this was brought to the attention of the duty imposed on all members of the bench in
respondent judge, but the latter, being grossly order to avoid any impression of impropriety to
ignorant of existing laws and rules, if not completely protect the image and integrity of the judiciary.
insolent of the same, and with grave abuse of To reiterate, officers of the court have the
discretion, took cognizance of the case. duty to see to it that justice is dispensed evenly and
fairly. Not only must they be honest and impartial,
ISSUE: whether or not respondent judge is liable for but they must also appear to be honest and impartial
violating Supreme Court rules, directives, and in the dispensation of justice. Judges should make
circulars, for making untruthful statements in his sure that their acts are circumspect and do not
certificates of service, for gross ignorance of the law arouse suspicion in the minds of the public. When
and/or gross negligence, for delay in rendering an they fail to do so, such acts cast doubt upon
order, for abusing judicial authority and discretion, their integrity and ultimately on the judiciary in
and for serious irregularity? general.[37] Courts will only succeed in their task
and mission if the judges presiding over them are
RULING: LIABLE truly honorable men, competent and independent,
These unjustified absences indubitably honest and dedicated.
established that respondent judge violated Supreme Respondent judge failed to live up to the
Court Memorandum Order dated November 19, judiciarys exacting standards, and this Court will not
1973, Administrative Circular No. 3-99 dated withhold penalty when called for to uphold the
January 15, 1999, and Administrative Circular No. 5 peoples faith in the Judiciary.
dated October 4, 1988, which provides for the
observance by judges, among other officials and (46) Villanueva vs. Judge Buaya
employees in the judiciary, of a five-day forty-hour November 22, 2010
week schedule which shall be from 8:00 a.m. to
50
Legal Ethics 3B
Facts: Complainant assisted by her father Issue: Whether or not the respondent is guilty with
Pantaleon Villanueva, charged respondent Acting Gross Ignorance of the Law and Abuse of Authority
Presiding Judge of the Regional Trial Court (RTC), because of the granting of an ex-parte motion to
Branch 17, of Palompon, Leyte, with Gross grant bail which must be set for hearing to afford the
Ignorance of the Law and Abuse of Authority. State and the prosecutor their day in court.
Villanueva accused then Vice-Mayor Constantino S.
Tupa of Palompon, Leyte, of the crime of Qualified Held: Yes, respondent is guilty with Gross Ignorance
Seduction and filed another complaint against the of the Law and Abuse of Authority because of the
same accused for violation of Section 5, paragraph granting of an ex-parte motion to grant bail which
(b), Article III of Republic Act No. 7610 otherwise must be set for hearing to afford the State and the
known as the Special Protection of Children against prosecutor their day in court.
Abuse, Exploitation and Discrimination Act with the
The Court has always stressed the indispensable
Municipal Trial Court (MTC) of Palompon, Leyte.
nature of a bail hearing in petitions for bail. Where
Judge Eric F. Menchavez, then Presiding Judge of
bail is a matter of discretion, the grant or the denial
the RTC, Branch 17, of Palompon, Leyte, issued a
of bail hinges on the issue of whether or not the
warrant for the arrest of Tupa, however, the warrant
evidence on the guilt of the accused is strong and
was not served because Tupa went into hiding and
the determination of whether or not the evidence is
could not be located. Meanwhile, Judge Menchavez
strong is a matter of judicial discretion which remains
was reassigned to the RTC in Cebu City which led to
with the judge. In order for the judge to properly
the designation of the respondent-judge as Acting
exercise this discretion, he must first conduct a
Presiding Judge of the RTC, Branch 17. Without
hearing to determine whether the evidence of guilt is
hearing and without notice to the prosecution,
strong. This discretion lies not in the determination of
respondent-judge granted the ex-parte motion and
whether or not a hearing should be held, but in the
ordered the release of Tupa on bail after the said
appreciation and evaluation of the weight of the
accused allegedly surrendered voluntarily in the
prosecutions evidence of guilt against the accused.
Ormoc City Police Station and filed with the RTC,
Branch 17 an Urgent Ex-Parte Motion to Grant Bail. In any event, whether bail is a matter of right or
Complainant moved to reconsider the order granting discretion, a hearing for a petition for bail is required
the ex-parte motion but without acting on the merits in order for the court to consider the guidelines set
of the said motion, respondent-judge issued an order forth in Section 9, Rule 114 of the Rules of Court in
allowing the accused to submit his comment or fixing the amount of bail. This Court has repeatedly
opposition within ten days; thereafter, the matter held in past cases that even if the prosecution fails
would be submitted for resolution. Respondent- to adduce evidence in opposition to an application
judges differing treatment of the ex-parte motion for bail of an accused, the court may still require the
and her motion for reconsideration apparently irked prosecution to answer questions in order to
complainant, prompting her to file the present ascertain, not only the strength of the State's
administrative complaint against the RTC judge. evidence, but also the adequacy of the amount of
Complainant contended that respondent-judges bail.
assailed order on the ex-parte motion was contrary
to the Rules of Court requirement that a motion to One who accepts the exalted position of a judge
grant bail must be set for hearing to afford the State owes the public and the Court the duty to maintain
and the prosecutor their day in court. She further professional competence at all time. When a judge
accused respondent-judge of being manifestly partial displays an utter lack of familiarity with the rules, he
as evidenced by the two temporary restraining erodes the confidence of the public in the courts. A
orders (TROs) he issued in favor of the accused in judge owes the public and the Court the duty to be
another case for quo warranto, then pending before proficient in the law and is expected to keep abreast
the RTC, Branch 17. of laws and prevailing jurisprudence. Ignorance of
the law by a judge can easily be the mainspring of
injustice.
51
Legal Ethics 3B
FACTS: HELD:
52
Legal Ethics 3B
53
Legal Ethics 3B
fide resident of the proclaimed areas and does not prove by clear and convincing evidence that the
qualify for an award. former committed unethical infractions warranting
the exercise of the Courts disciplinary power.
ISSUES :
(49)JOSEPHINE JAZMINES TAN vs. JUDGE
1. WON Justice Tinga constitute a breach of the SIBANAH USMAN
standard ethical conduct while he was still an
elective public official and a member of the A.M. No. RTJ-11-2666; February 15, 2011; Carpio
Committee on Awards; and Morales, J.
2. WON Justice Tinga constitute a breach of the
standard ethical conduct when he was no longer [Formerly A.M. OCA IPI No. 09-3320-RTJ
a public official, but a private lawyer who
represented a client before the office he was FACTS:
previously connected with.
ComplainantJosephine Jazmines Tan filed a
RULING Motion for Inhibition against respondent
JudgeSibanahUsman. Tan alleged that during the
NO. SC ruled that there is an absence of any hearing of the Motion for Inhibition, Judge Usman
concrete proof that the Justice Tinga abused became very emotional, coerced her to testify
hisposition as a Congressman and as a member of without the assistance of counsel and demanded a
the Committee on Awards in the manner defined public apology from her; and that while she
under Rule 6.02 ofthe Code of Professional requested to refer the motion to the Executive
Responsibility. First, the records do not clearly show Judge, Judge Usman interrogated her relentlessly
if the complainants sales application wasever following which he issued an Order finding her guilty
brought before the Committee on Awards. The of Direct Contempt andordered her detention for a
circumstances do not show that Justice Tinga did in period not exceeding thirty (30) days. Tan was
any way promote, advance or use his private actually detained for 19 days.
interests in the discharge of his official duties.
54
Legal Ethics 3B
Moreover, Respondent judge did not fix the bond, in Respondent Atty. Luna B. Avance is disbarred for gr
violation of the same Section 2 of Rule 71, which oss misconduct and wilful disobedience of lawful
complainant could have posted had she desired to orders of a superior court. Her name is ordered
challenge the order. And on the same day the Order stricken off from the Roll of Attorneys.
was issued, respondent ordered the confinement of
complainant to the provincial jail. As an officer of the court, it is a lawyers duty to
uphold the dignity and authority of the court. The
Thus, the court imposed the penalty of fine. highest form of respect for judicial authority is shown
by a lawyers obedience to court orders and
processes.We have held that failure to comply with
Court directives constitutes gross misconduct,insubo
(50) TERESITA D. SANTECO, complainant, vs.
rdination or disrespect which merits a lawyers
ATTY. LUNA B. AVANCE, respondent. suspension or even disbarment. Respondents
cavalier attitude in repeatedly ignoring orders of the
FACTS: Supreme Court constitutes utter disrespect to the
judicial institution.
Teresita Santeco filed an administrative case against Respondents conduct indicates a high degree or irre
Atty. Luna Avance for mishandling an action to sponsibility. A Courts Resolution is not to be
declare a deed of absolute sale null and void and for construed as a mere request, nor should it be
reconveyance and damages; where Atty. Avance complied with partially, inadequately, or selectively.
was found guilty. She was ordered suspended from Respondents obstinate refusal to comply with the
the practice of law for five years and was directed to Courts orders not only betrays recalcitrant flaw in
return to the complainant the amount of P3,900 her character; it also underscores her disrespect of
which the complainant paid her for filing a petition for the Courts lawful orders which is only too
certiorari with the Court of Appeals which she never deserving of reproof. Under Section 27, Rule 138
filed. of the Rules of Court a member of the bar may be
disbarred or suspended from office as an attorney
During Atty. Avances five-year suspension from the
for gross misconduct and/or for a wilful disobedience
practice of law, Judge Consuelo Amog-Bocar, sent a
of any lawful order of a superior court, to wit:
letter-report to the Court Administrator, informing him
that Atty. Avance appeared and actively participated SEC. 27. Disbarment or suspension of attorneys by
in three cases wherein she misrepresented herself Supreme Court; grounds therefor. A member of
as Atty. LiezlTanglao. Acting on the report, the court the bar may be disbarred or suspended from his
required Atty. Avance to comment within ten days office as attorney by the Supreme Court for any
from notice. However, despite reiteration of the deceit, malpractice, or other gross misconduct in
directive, Atty. Vance still failed to file the required such office, grossly immoral conduct, or by reason of
comment, hence, the court found the respondent his conviction of a crime involving moral turpitude, or
guilty of indirect contempt ordering her to pay a fine for any violation of the oath which he is required to
of P30,000 and stern warning. take before admission to practice, or for a willful
disobedience of any lawful order of a superior
Atty. Avance failed to pay the imposed fine despite
court, or for corruptly or willfully appearing as an
due notice hence, the court finds the respondent
attorney for a party to a case without authority so to
unfit to continue as a member of the bar.
do. The practice of soliciting cases at law for the
ISSUE: purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice.
Whether or not Atty. Vance should be disbarred. (Emphasis supplied.)
55
Legal Ethics 3B
56
Legal Ethics 3B
57
Legal Ethics 3B
ISSUE: Whether or not there is grave misconduct on In this case, complainant has nothing but mere
the part of Judge Maraya resulting to grave assertions and conjectures to buttress his
allegations of grave misconduct and bribery on the
abuse of authority. part of respondent who, if complainant is to be
believed, accepted bribes of food and engaged in
Whether or not there is gross ignorance of drinking sprees with court employees during office
the law on part of Judge Maraya in deciding hours. Contrary to complainants statement, the
Investigating Justice found that respondent was
the case. attending to his cases during the dates when he
allegedly had those drinking sessions.
RULING: Petition DENIED.
58
Legal Ethics 3B
other judicial remedies provided by law, neither is it Sec. 1. Judges shall ensure that not only is
complementary or supplementary to such actions. their conduct above reproach, but that it is
perceived to be so in the view of a reasonable
observer.
(54) FLORENDA TOBIAS vs. JUDGE MANUEL
LIMSIACO, JR. CANON 3
A.M. No. MTJ-09-1734, January 19, 2011 IMPARTIALITY
Peralta, J. Impartiality is essential to the proper
discharge of the judicial office. It applies not only
FACTS: to the decision itself but also to the process by
Florenda Tobias requested her sister, Lorna which decision is made.
Vollmer, to inquire from the Fourth MCTC of Sec. 2. Judges shall ensure that his or her
Valladolid-San Enrique-Palupandan, Negros conduct, both in and out of court, maintains and
Occidental about the requirements needed in filing enhances the confidence of the public, the legal
an ejectment case. The Judge advised Volmer that profession and litigants in the impartiality of the
since there was no lawyer in Valladolid, Negros judge of the judiciary.
Occidental, she had to choose the nearest town
lawyer as it would lessen expenses in transportation CANON 4
and appearance fee, and mentioned the name of PROPRIETY
Atty. Robert Juanillo. After the ejectment case was Propriety and the appearance of propriety
filed, Volmer went to Judge Limsiacos court and told are essential to the performance of all the
him that she was withdrawing the services of Atty. activities of the judge.
Juanillo. Because of such, the Judge prepared the Sec. 1. Judges shall avoid impropriety and
motion for the withdrawal of appearance of the said the appearance of impropriety in all of their
lawyer. activities.
Sec. 2. As a subject of constant public
ISSUE: WON the Judge violated the Code of scrutiny, judges must accept personal restrictions
Judicial Conduct. that might be viewed as burdensome by the
ordinary citizen and should so freely and willingly.
RULING: In particular, judges shall conduct themselves in
YES. The respondent judge committed acts a way that is consistent with the dignity of the
of unbecoming of a judge, in particular, talking to a judicial office.
prospective litigant in his court, recommending a
lawyer to the litigant, and preparing the Motion to The aforementioned acts of the respondent
Withdraw as Counsel of Atty. Juanillo, which Judge constitute gross misconduct. Misconduct
pleading was filed in his court and was acted upon means a transgression of some established and
by him. The conduct of the judge should be beyond definite rull of action, wilful in character, improper
reproach and reflective of the integrity of his office. and wrong behaviour. Gross has been defined as
The acts of the respondent judge violated out of all measure, beyond allowance; flagrant;
Section 1 of Canon 2, Section 2 of Canon 3, and shameful; such conduct as is not to be excused.
Section 1 of Canon 4 of the New Code of Judicial Respondents act of preparing the Motion to
Conduct for the Philippine Judiciary, thus: Withdraw the Appearance of Atty. Juanillo as
CANON 2 counsel of complainant is inexcusable. In so doing,
INTEGRITY respondent exhibited improper conduct that
Integrity is essential not only to the proper tarnished the integrity and impartiality of his court,
discharge of the judicial office but also to the considering that the said motion was filed in his own
personal demeanor of judges. sala and was acted upon by him.
-
59
Legal Ethics 3B
Judge Limsiaco was found guilty of Gross Imelda Marcos filed an administrative case against
Misconduct for which he was fined in the amount of Judge Pamintuan of Branch 3, RTC, Baguio City
P25,000.
with Gross Ignorance of the Law for reversing motu
propio the final and executory order of then Judge
(55) SY VS. DINOPOL
Reyes dated May 30, 1996 (and modified in the
FACTS:
September 2, 1996 order), The order of Judge
This case arose to a land which was mortgage to the Reyes in the said case did not rule on the
mortgagee, Metrobank. The latter foreclosed the authenticity of the Golden Buddha because it was
mortgaged land and won as the highest bidder.
Petitioner then filed an Annulment and/or Declaration not made as an issue while the questioned order of
of Nullity of the real estate mortgage. The Judge Pamintuan,10 years after, has ruled that said
respondent judge inhibited himself to the case Buddha, which is under the custody the court, was
before him on the ground that he received a call both
fake and a mere replica.
from the parties, and claimed that he wanted to
avoid being charged with partiality. However, Issue: Whether or not Judge Pamintuan was liable
notwithstanding his inhibition on the said case, he for gross ignorance of the law.
nonetheless grants the petition of Metrobank for the
Held: Yes. It is axiomatic that when a judgment is
Issuance of a Writ of Possession over the disputed
land. Petitioner charged the respondent judge of final and executory, it becomes immutable and
gross ignorance of law and conduct of unbecoming a unalterable. It may no longer be modified in any
member of the judiciary. The latter charged has been
respect either by the court which rendered it or even
founded on the ground that respondent judge
received commodity loans in the form of construction by this Court. The doctrine of immutability and
materials to be used in the construction of judges inalterability of a final judgment has a two-fold
house. Hence, this case. purpose, to wit: (1) to avoid delay in the
ISSUE: WON respondent judge is guilty of gross administration of justice and thus, procedurally, to
ignorance of law and conduct of unbecoming a make orderly the discharge of judicial business; and
member of the judiciary
(2) to put an end to judicial controversies, at the risk
HELD:On the ground of gross ignorance of law, of occasional errors, which is precisely why courts
judge Dinopol cannot be held responsiibile for he exist. Controversies cannot drag on indefinitely.
acted within the ambit of law and his jurisdiction.
However, with respect to the conduct of unbecoming Judge Pamintuan failed to conform to the high
a judge, he is found guilty by the OCA of such standards of competence required of judges under
charge. the Code of Judicial Conduct, which provides that:
Judge Dinopol violated Sections 2 and 3 of Canon 3, Rule 1.01 - A judge should be the
Section 1 of Canon 1, Sections 1 and 2 of Canon 2, embodiment of competence, integrity, and
and section 1 of Canon 4 of New code of Judicial
independence
Conduct.
Rule 3.01 - A judge shall x x x maintain
professional competence.
(56) IMELDA R. MARCOS v. JUDGE FERNANDO VIL
PAMINTUAN Competence is a mark of a good judge. When a
A.M. No. RTJ-07-2062, January 18, 2011 judge exhibits an utter lack of know-how with the
Facts:
rules or with settled jurisprudence, he erodes the
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publics confidence in the competence of our courts. he took his oath on July 17, 2008; neither could
It is highly crucial that judges be acquainted with the Judge Bacal do the same even if she had then been
law and basic legal principles. Ignorance of the law, the executive judge of the RTC, Malaybalay City.
which everyone is bound to know, excuses no one Issue: Are Judge Estrada and Judge Bacal guilty of
not even judges gross ignorance of the law for taking cognizance of
In this case, the Court finds Judge Pamintuan cases pending before another court?
accountable for gross ignorance of the law. This is
not Judge Pamintuans first and sole administrative Held: Yes. There is no question about the guilt of the
case. Having been previously warned and punished two judges. Their shared intention to uphold the right
for various infractions. of the accused to liberty cannot justify their action in
excess of their authority, in violation of existing
Judge Fernando Pamintuan of the Regional Trial regulations. The vacuum in a first level court, such
Court of Baguio City, Branch 3, is DISMISSED from as the MTCC in Malaybalay City, Bukidnon, created
the service. by the absence of a presiding judge, is not remedied
by a take over of the duties of the still-to-be
(57) OFFICE OF COURT ADMINISTRATOR v. appointed or designated judge for the court, which
JUDGE BENJAMIN P. ESTRADA AND JUDGE
JOSEFINA GENTILES-BACALA.M. No. RTJ-09- exactly was what Judge Estrada and Judge Bacal
2173, 18 JANUARY 2011, EN BANC (Brion, J.) did. The remedy lies in Chapter V of the Guidelines
in the Selection and Appointment of Executive
Facts: Atty. Nicandro A. Cruz, officer-in-charge,
Judges and Defining their Powers, Prerogatives and
Court Management Office, Office of the Court
Duties,which provides:
Administrator (OCA), addressed to then Deputy
Court Administrator (DCA) Reuben P. De la Cruz,
"Section 1. Designation of Judges of the First Level
regarding anomalies in the disposition of cases in
Courts to Try Cases. (a) The Executive Judge of the
the Municipal Trial Court in Cities (MTCC),
RTC shall have authority to designate a municipal
Malaybalay City, Bukidnon and reported that several
judge within his/her area of administrative
orders, attached to the report, that were issued by
supervision to try cases of other courts of the first
Executive Judge Josefina Gentiles-Bacal, RTC,
level within said area of administrative supervision in
Malaybalay City, and Judge Benjamin P. Estrada,
case of official leave of absence, inhibition,
RTC, Branch 9, same station, dismissing the cases
disqualification, or preventive suspension of the
then pending in the MTCC. Atty. Cruz pointed out
municipal judge concerned, or of permanent or
that the MTCC, Malaybalay City had no regular
temporary vacancy in the position. Such designation
presiding judge at the time the orders were issued,
shall be effective immediately, unless revoked by the
as Judge Estrada, the former presiding judge, had
Supreme Court.
been appointed to preside over the RTC, Branch 9,
Malaybalay City, on June 1, 2008. Atty. Cruz The Executive Judge shall furnish the Office of the
commented that Judge Estrada could no longer take Court Administrator with copies of the orders of
cognizance of cases pending in his former sala after
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Legal Ethics 3B
designation effected under this Section within five (5) error bespeaks ignorance of the law and that, if
days from the date of such designation." committed in good faith, does not warrant
administrative sanction, but only in cases xxx of
Instead of allowing Judge Estrada and herself to act tolerable misjudgment. Where, however, the
on cases pending before the MTCC, Judge Bacal, procedure is so simple and the facts so evident as to
as executive judge of the RTC, Malaybalay City, be beyond permissible margins of error, to still err
should have designated a municipal judge within her thereon amounts to ignorance of the law."
area of supervision, to act on the pending cases.
She took time (two months as she claimed) in Clearly, Judge Estrada and Judge Bacal are guilty of
making the designation, which delayed action, by gross ignorance of the law.
itself, is a negative reflection on her performance as
an executive judge. Judge Estrada, who was the (58) VIVIAN T. DABU vs. EDUARDO RODEN E.
KAPUNAN, Presiding Judge, Branch 51 and
former presiding judge of the MTCC, Malaybalay Acting Judge, Branch 52, MA. THERESA
City, acted only on one case, but like Judge Bacal, CORTEZ, LEILA O. GALO, Both Court
Stenographers, SUZETTE O. TIONGCO, Legal
he had no authority to take over the case as he had Researcher, All of Regional Trial Court, Branch
already taken his oath as RTC judge on July 17, 51, Guagua, Pampanga
A.M. No. RTJ-00-1600
2008, almost a month before he issued the order in February 1, 2011
Criminal Case No. 878-08, People v. Bellman E.
Durango, et al., for Attempted Homicide. Either FACTS:
Judge Estrada and Judge Bacal forgot the On August 24, 2000, Complainant Assistant
guidelines or chose to ignore them, but whatever it Provincial Prosecutor Vivian T. Dabu executed an
was, they should suffer the consequences of their Affidavit citing several incidents wherein the court
actions in violation of the guidelines. records of cases for annulment of marriage, lost
titles and declaration of presumptive death were
What Judge Estrada and Judge Bacal did was worse
being falsified. The Affidavit was treated as a
than overriding the action or decision of a lower
Complaint for falsification of court records against
court.They entirely took over the judicial function of
Judge Eduardo Roden E. Kapunan and court
the lower court. While they might have been
stenographers Ma. Theresa Cortez and Leila O.
motivated by noble intentions in taking cognizance of
Galo. Respondent Suzette Tiongco was not included
the pending cases with the MTCC because they
in the charge of falsification of court records as
wanted to uphold the accuseds right to liberty, they
complainant ha[d] no evidence linking her thereto
still cannot escape liability. However well-intentioned
but the Office of the Court Administrator included her
they might have been, they still did not have the
with the charge of conduct prejudicial to the best
authority to act on the cases as these were not
interest of the service.
pending before their respective salas. Their lack of
authority was so patent and so self-evident; to
ISSUE:Whether or not Judge Kapunan is guilty of
disregard it would itself be ignorance of the law. In
falsification and for violation against Canon 2,
Mupas, the Court recognized that "not every judicial
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Legal Ethics 3B
Section 1 of Judicial Conduct For The Philippine offenses warranting the penalty of dismissal from
service upon commission of the first offense.
Judiciary
HELD:Yes. A judge's conduct should be above Furthermore, falsification of an official document is
punishable as a criminal offense under Article 171 of
reproach and in the discharge of his judicial duties
the Revised Penal Code and dishonesty is an
he should be conscientious, studious, thorough, impious act that has no place in the judiciary.
courteous, patient, punctual, just, impartial, fearless
The penalty of dismissal, however, can no longer be
of public clamor, and regardless of private influence imposed and carried out with respect to the late
Judge Kapunan. The administrative complaints
should administer justice according to law and
against him have become moot and academic and
should deal with the patronage of the position as a the case should be deemed closed and terminated
following our ruling in Loyao, Jr. v. Caube and Apiag
public trust; and he should not allow outside matters
v. Cantero
or his private interests to interfere with the prompt
and proper performance of his office.
(59) GAUDENCIO B. PANTILLO III vs. JUDGE
VICTOR A. CANOY
Taking all these into consideration, it is undeniable
A.M. No. RTJ-11-2262 | February 9, 2011 | Velasco,
that Judge Kapunan, Galo and Cortez acted Jr., J.
together in issuing questionable orders and
FACTS:
decisions through falsification of public documents.
A criminal case was pending before the sala
of respondent Judge Canoy, wherein the victim was
With regard to Tiongco, however, there is no
complainants sibling. On 03 September 2008 at
evidence against her. The inclusion of Tiongco in this
around 5:00pm, complainant along with a few police
case was only upon the initiative of the Office of the
officers escorted the accused Leonardo Melgazo to
Court Administrator. As the record is bereft of any
the City Prosecutors Office, wherein after a few
evidence to hold her liable, her exoneration is in
hours, Melgazo was released from detention and
order.
this was relayed to Pantillo. Complainant was able to
verify this from the precinct and he was also
Court employees, from the presiding judge to the
informed the release was pursuant to a 30,000php
lowliest clerk, being public servants in an office
bail posted by Melgazo.
dispensing justice, should always act with a high
degree of professionalism and responsibility. Their
Pantillo was even more puzzled when he
conduct must not only be characterized by propriety
found out that no Information was filed against
and decorum, but must also be in accordance with
Melgazo yet, but there was already approval of the
the law and court regulations. No position demands
bail. He learned that there was only a verbal order
greater moral righteousness and uprightness from its
made by the Judge for the approval of a bail. The
holder than an office in the judiciary. Court
following day, 05 September 2008, Melgazo filed a
employees should be models of uprightness,
Motion for the release of his vehicle that was object
fairness and honesty to maintain the people's
evidence to the case. He prayed that said motion be
respect and faith in the judiciary. They should avoid
heard on September 5 or on the same day of the
any act or conduct that would diminish public trust
filing, which was in clear violation of the rules. Judge
and confidence in the courts. Indeed, those
Canoy issued an Order directing the prosecutor to
connected with dispensing justice bear a heavy
file a Comment within 3 days upon receipt, and this
burden of responsibility.
was complied with, but still the motion was granted.
Pantillo filed a motion for inhibition of judge Canoy
Falsification of an official document such as court
but the same was denied. Thus, the instant
records is considered a grave offense. It also
complaint was filed with the OCA.
amounts to dishonesty. Under Section 23, Rule XIV
of the Administrative Code of 1987, dishonesty (par.
In his Comment, Judge Canoy said that he
a) and falsification (par. f) are considered grave
considered the constitutional right to bail coupled
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Legal Ethics 3B
with the insistence of Melgazos counsel led him to Facts: Daniel G. Sevilla charged Hon. Francisco S.
allow such actions to proceed. He presents as a Lindo with delay in the disposition of a criminal case.
defense Sec. 17, Rule 114 of the Rules of Court Sevilla asserted that Judge Lindo thereby violated
which does not require a formal charge in court Rule 1.01, Canon 1 of the Code of Judicial Conduct,
before a person may post bail. He concluded that a which requires that a judge should administer justice
constructive bail was proper, lacking only the impartially and without delay; that Judge Lindo also
formal papers to finalize the same. OCA violated Section 1, Rule 135 of the Rules of Court,
recommended that the complaint be re-docketed as which mandates that justice be impartially
a regular administrative matter and that Judge administered without unnecessary delay; that Judge
Canoy be fined 40,000php with a stern warning. Lindos unreasonable resetting of the hearings 12
times rendered inconsequential his right to the
ISSUE: speedy disposition of his case; and that such
resettings were made upon the instance of Judge
WON Judge Canoy, in allowing the release Lindo, not upon motion of the parties.
of Melgazo via a constructive bail is liable for
violation of Supreme Court rules, circulars and In his comment dated July 26, 2007, Judge
decisions Lindo refuted the charge, claiming that the
postponements were upon valid grounds.
HOLD:
Issue: Whether or not retired Judge Lindo was
Yes, Judge Canoy is liable for such. Though administratively liable for the numerous
the right to bail is definitely allowed in the instant postponements in violation of the Rule 1.01, Canon
case, it is the matter of procedure that was violated 1 of the Code of Judicial Conduct.
herein. Rule 114 requires an application or petition
for the release on bail of an accused. There was no
such written application made to the court, yet Judge Held: We agree with and adopt the report and
Canoy allowed the bail to be accepted. Also, another recommendation of the OCA that Judge Lindo be
requirement is that the bail should be deposited with held liable for delay in the disposition of his cases
the nearest collector of internal revenue or any that was tantamount to inefficiency and
municipal, city or provincial treasurer. Instead, it was incompetence in the performance of his official
the clerk of court who received and acknowledged duties. Although the postponement of a hearing in a
the bond. civil or criminal case may at times be unavoidable,
the Court disallows undue or unnecessary
Further, SC held that there was no such postponements of court hearings, simply because
specie of a constructive bond under the Rules, and they cause unreasonable delays in the
thus no validity should be given to the bail posted by administration of justice and, thus, undermine the
the accused. Judge Canoy was fined 11,000php and peoples faith in the Judiciary, aside from
was given a stern warning. aggravating the financial and emotional burdens of
(60) Daniel G. Sevilla v. Judge Francisco S. the litigants. For this reason, the Court has enjoined
that postponements and resettings should be
Lindo, M. No. MTJ-08-1714 , February 9, 2011 ,
allowed only upon meritorious grounds, and has
Bersamin, J. consistently reminded all trial judges to adopt a firm
policy against improvident postponements.
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