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GALMAN vs. SB [1986]

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Atty. Arturo A. ROMERO, compla !a!t, vs. "o!. #u$%& Ga'r &l O. (ALLE, #R., r&spo!$&!t [198)] omero charged !alle w/grave misconduct " oppression. !alle was the presiding #udge o$ the %& 'aoag &it() *ranch +,, while omero was one o$ the 2 counsels $or plainti$$ in the case ,glesia -ilipina ,ndependiente vs. a$ael .l/ano) et. .l. which was /eing tried in !alle0s sala. -indings o$ ,ntermediate .ppellate &ourt .ssociate 1ustice ./dulwahid *idin who was tasked to investigate the case2 &ase arose $rom a dispute /etween omero " !alle as to the proper marking o$ ,glesia -ilipina0s inventor( /ook. &ounsel insisted that it should /e marked as 34h whereas #udge claimed that it should /e 34h 5 since an 34h - was alread( marked during the previous trial where counsel was a/sent. &ounsel continued insisting in a loud voice which anno(ed the #udge. 1udge admonished counsel not to /ring his passion to the court " that he should respect the court. !alle then /anged his gavel) le$t the rostrum " went to his cham/er. o omero0s version2 *e$ore leaving the rostrum) !alle told omero 67ou step out. 8e $inish the matter outside.9 :rior to this) #udge was alread( uttering em/arrassing remarks w/c hurt him. 8hile he made $urther e4planations calml() #udge /anged his gavel w/o declaring a recess. ;e unceremoniousl( removed his coat and then uttered said remark. omero then saw the #udge outside waiting $or him to come out. 1udge held a gun w/his right hand. omero couldn0t move since he was unarmed " shocked. ;e asked the court stenographer to put it on record that the #udge was holding a gun. <u/se=uentl() !alle was paci$ied " he returned to the court. omero asked !alle to inhi/it himsel$ $rom tr(ing the case /ut latter denied it " instead reset the case. !alle0s version2 8hat he said was 6$ive minutes recess.9 >e$endant0s counsel and omero0s co?counsel " witness corro/orated this. -rom his cham/er) he went to the stairs passing the corridor holding his coat " a gun w/c was inside its holster. @pon reaching the stairs) he was in$ormed /( his clerk that there are still cases in the calendar read( $or trial. %hus) he returned to his cham/er " placed his gun inside his ta/le. 8hen trial resumed) omero asked !alle to inhi/it himsel$ $rom the hearing. 1udge in$ormed counsel to put his re=uest in writing " he then reset the case to another date. .nother #udge now handles case.

Rat o+ 1. 'ugue vs. Ca(anan2 *oth counsel " #udge have the shared responsi/ilit( to maintain the high esteem " high regard $or courts. %he( should promote con$idence " respect in the administration o$ #ustice) even i$ this means restraining their prides at time. %his is a crucial $actor in the administration o$ #ustice. 2. 1udge " counsel must respect each other mutuall(. D. &ounsel E omeroF a. ;e should /e respect$ul " gracious to the courts o$ #ustice and #udicial o$$icials. aising his voice was a sign o$ disrespect. /. ;e0s an active law practitioner in ,locos Borte) ,*: ,locos Borte?'aoag &it( &hapter director) &hapter0s 'egal .id &ommittee chairman) :;,'&GB<. local chapter president and 'ions &lu/ local chapter president. .s a communit( leader) he0s e4pected to set an e4ample to other law(ers. ;e should have hum/l( accepted his mistakes. 2. 1udge !alle a. e4hi/ited shortness o$ temper " impatience. /. 1udges have contempt powers to endeavor counsel to appreciate his duties to the court. ;e should have cited counsel in contempt instead o$ indulging in tantrums. c. &arr(ing the gun) although permitted) was not an innocent act. 1udge used it to instill $ear in/intimidate counsel. d. ;e violated the &anons o$ 1udicial 3thics w/c re=uires him to avoid appearance o$ impropriet( /oth in his pro$essional and personal lives. "ol$ !%+ /. c. d. D. !alle guilt( o$ misconduct >,<H,<<3> $rom the service w/o $or$eiture o$ retirement /ene$its w/ pre#udice to reinstatement in an( /ranch o$ the gov0t) its agencies/instrumentalities 2. omero asked to show cause wh( no disciplinar( action should /e taken against him $or conduct un/ecoming o$ an o$$icer o$ the court.

!alle0s de$ense2 denial. .ccusations are e4aggerated) sensationaliAed) $a/ricated " inherentl( impro/a/le " contrar( to human e4perience " one? sided. ;e had a permit to carr( his licensed pistol outside his house since he received threats $rom the B:..

*ssu&+ ,ON 'ot- cou!s&l . /u$%& ar& &0ually to 'lam& 1or t-& !c $&!t 2 3ES.

ARBAN vs. BOR#A [1989] .dministrative &ase in the <&. 5rave misconduct :onciano .. .r/an) the then >istrict 3ngineer $or &amarines <ur) Hinistr( o$ :u/lic 8orks " ;ighwa(s) $iled the instant admin. $or grave misconduct against 1udge Helecio *. *or#a) :residing 1udge o$ *ranch ++) %&) 5th 1udicial egion o$ Baga &it() alleging that2 o espondent $ired his gun in the /alcon( o$ the apartment he is lodging in) $rom where he $ollowed the .r/an to &ind(Is estaurant in downtown Baga &it(. %here) without an( #usti$ication whatever) respondent pistol?whipped the .r/an on the le$t side o$ his head) sending him sprawling to the $loor and rendering him momentaril( unconscious.

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espondent also threatened with his said gun .r/an0s companions. .<.:) .r/an reported the said incidents to %& 34ecutive 1udge 1uan *. 'laguno) who advised him to ask B*,0s held w/c advice was $ollowed. o B*, investigated .r/an " his witnesses " B*, later $orwarded the case to the &it( -iscal o$ Baga) where it is now pending preliminar( in=uir() dela(ed now $or D weeks due to repeated re=uests $or postponement /( *or#a. %he incident received much coverage /( the print " /roadcast media. 8e re$erred the case to 1ustice *ienvenido *. 3#ercito o$ the ,.& $or investigation) report and recommendation. ,n his .nswer) 1udge *or#a denied the charge against him. *or#a moved $or the resetting o$ the case w/c was granted. 'ater) .r/an $iled a Hotion to 8ithdraw the :etition) stating that the 6$iling o$ the petition was caused /( a misunderstanding /( the petitioner o$ the motives o$ the respondent9 " that 6a$ter the pu/lic apolog( /( the respondent) the petitioner /elieves that the scandal caused on the pu/lic /( the act o$ the respondent has /een dul( appeased.9 %hus) 1ustice 3#ercito recommended the dismissal o$ the case. ;owever) the <& resolved to2 EaF trans$er the case to 1ustice Bathanael de :ano o$ the ,.& $or $urther investigation) report " recommendation) and E/F re=uire counsel $or petitioner to appear /e$ore said 1ustice? ,nvestigator $or hearing o$ this case) stating that his $ailure to do so will su/#ect said counsel to strict disciplinar( measures. .ccordingl() 1ustice de :ano conducted $urther hearings o$ the case. . new hearing o$ this case was set " *or#a) through counsel) moved $or dismissal o$ the case on the ground o$ lack o$ evidence. @pon 1ustice de :ano0s prodding) .r/an0s counsel) .tt(. 5eneral averred that the complainant no longer resides in Baga &it( since he had /een trans$erred $rom Baga to &avite &it() in conse=uence o$ w/c) counsel had /een una/le to con$er w/ the complainant ;earing was trans$erred to ena/le .tt(. 5eneral to contact " con$er w/ .r/an. .t the new hearing) .tt(. 5eneral revealed that he had con$erred w/ the complainant) who did not wish to proceed $urther in the case since his personal honor " good name had alread( /een vindicated /( *or#a0s pu/lic apolog(. &ounsel in$ormed that he had $iled a written mani$estation to this e$$ect %he incident involving 1udge *or#a " .r/an generated nationwide pu/licit(. 'ater) the <& sent a telegram to 1udge *or#a $or the latter to come immediatel( $or a con$erence " e4plain the alleged pistol whipping o$ 3ngr. .r/an as reported in the newspapers. <& designated .cting &ourt .dministrator .rturo *uena to investigate the matter. *uena stated that a prima $acie case o$ the reported pistol whipping o$ 3ngr. :onciano .r/an /( 1udge *or#a has /een esta/lished) although lacking in details. %hus) despite the withdrawal o$ the complainant) the <& undertook present action) even /e$ore 3ngr. .r/an $iled the present petition considering our
o

responsi/ilit( to discipline erring mem/ers o$ the /ench and /ar and to preserve the integrit( o$ the #udiciar(. ,ON Bor/a s-oul$ '& p&!al 4&$ 1or - s p stol 5- pp !% Ar'a! 73<. 3ven a mere cursor( reading o$ 1udge *or#aIs Japolog(J in relation to the JpetitionJ or complaint clearl( indicates that 1udge *or#a admits the commission o$ the act charged. %he respondent admits in his pu/lic apolog( that he in$licted ph(sical in#uries on the le$t side o$ the $ace o$ .r/an while the( were at &ind(Is estaurant in Baga &it() a pu/lic place. <& did not entertain *or#a0s e4planation that .r/an tried to hit the *or#a with a $ist /low " that while parr(ing that /low) 1udge *or#a wildl( swung w/ his right hand " happened to hit the .r/an0s $ace %here is no dou/t in the mind o$ the &ourt that the ph(sical in#uries in$licted on Hr. .r/an were caused /( a pistol?whipping. 8hatever the motive ma( have /een) the violent action o$ the respondent in a pu/lic place constitutes serious misconduct and the resultant outrage o$ the communit( in Baga &it( is a /low to the image o$ the entire #udiciar(. 1udge *or#a violated <ec. D) &annon o$ 1udicial 3thics2 J. #udgeIs o$$icial conduct should /e $ree $rom appearance o$ impropriet() " his personal /ehavior not onl( upon the /ench " in the per$ormance o$ #udicial duties) /ut also in his ever(da( li$e) should /e /e(ond reproach.J De la Paz v. Inutan2 J%he #udge is the visi/le representation o$ the law and) more importantl() o$ #usticeK%hus) $or the #udge to return that regard) he must /e the $irst to a/ide /( the law and weave an e4ample $or the others to $ollow. ;e should /e studiousl( care$ul to avoid even the slightest in$raction o$ the law.J 8hile the ,nvestigator?1ustice recommended a 2?(r suspension) it is the consensus o$ the <& that the serious nature o$ the o$$ense " the /est interests o$ the #udiciar( warrant the penalt( o$ dismissal. Horeover) <& $rowns upon prolonged suspension o$ #udges or court personnel as a penalt() even assuming that it is deserved

"ol$ !%+ *or#a $ound guilt( o$ grave misconduct) here/( ordered >,<H,<<3> $rom the service) w/ $or$eiture o$ retirement /ene$its " with pre#udice to reinstatement in an( /ranch o$ the gov0t or an( o$ its agencies or instrumentalities. ;owever) he shall /e paid an( /ack salaries or accrued leaves which are due to him as o$ this date.

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RAM*RE6 vs. MA7AN8OG [1986]

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AL9ONSO vs. #:ANSON [199;] -acts2 ,nvolves a complaint $iled against a doctor o$ medicine charging 1udge 1uanson with immoralit( and violation o$ the &ode o$ 1udicial ethics. >r. .l$onso married <ol on >ecem/er 1L) 1988. %heir married li$e was a happ( one until the Hrs. 1uanson in$ormed >r. .l$onso that their spouses were having an a$$air. <he added that she has in her possession love letters written /( <ol to prove her claim. >r. .l$onso did not /elieve her and <ol assured his o$ her love and concern $or their $amil(. .l$onso spouses went to the @< and during their sta( there Hrs. 1uanson in$ormed .tt(. .l$onso a/out the a$$air o$ his daughter in law. .tt(. .l$onso hired a private investigator. %he private investigator $ound out that <ol had met with 1udge 1uanson in a condominium unit in Handalu(ong and that the( sta(ed there $or appro4imatel( three hours. >r. .l$onso con$ronted <ol a/out the evidence that was gathered /( his $ather. .t $irst she denied the a$$air /ut later in the evening she admitted having an illicit a$$air with 1udge 1uanson. %he .l$onso spouses decided to live in separate house. ,n de$ense) 1udge 1uanson claims that he $irst knew <ol in 1987 when she engaged his pro$essional services in connection with the criminal cases $iled /( her o$$ice. ,n 1une 1992 Ewhile the .l$onso spouses were in the @<F he received an overseas call $rom <ol asking him $or advice concerning her pro/lem with her emplo(er. %he( met up a$ter the return o$ <ol in the :hilippines to discuss her pro/lem. ;e added that it was impossi/le $or him to have se4ual intercourse with <ol /ecause he has /een su$$ering $rom two de/ilitating diseases M dia/etes mellitus and prostatitis Ewhich have seriousl( a$$ected his se4ual potenc(F 1ustive 1aguros investigated the matter and concluded that the immoral conduct o$ the .tt(. 1uanson has ruined two $amilies and that he cannot escape the /lame and sin o$ what he has cause. 1ustice 1aguros added that he is a #udge who s(m/oliAes the law and the highest degree o$ moralit( in the communit(. %he citiAens look up to him as the em/odiment o$ #ustice and decenc() as he decides cases /rought to his court. ;e can do no less. <he recommended his >,<H,<<.' $rom o$$ice. 8GB 1udge 1uanson should /e dismissed $rom the 1udiciar(N BG %here is no dou/t in our minds that a ver( special relationship e4isted /etween the respondent and the complainantIs wi$e. 3videnced /( cards or notes Elove lettersF ,t is clear that their a$$air /egan /e$ore <ol and >r. .l$onso were married on 1L >ecem/er 1988 and might have /lossomed $rom the attorne(?client relationship /etween respondent and <ol. ;er marriage did not diminish <olIs love $or even a$ter she committed hersel$ to marriage) she still sneaked out her love notes. 1udge 1uanson is not charged with immoralit( or conduct committed /e$ore he was appointed to the #udiciar(. %he evidence presented were insu$$icient

to prove that he and <ol continued their e4tramarital a$$air. <ol0s admission to her hus/and that she had carnal knowledge with the #udge made no re$erence to speci$ic dates and the side o$ >r. .l$onso e4erted no $urther e$$ort to o/tain clari$ications as to the dates. ,t was not proven that 1udge 1uanson and <ol had se4ual intercourse a$ter his appointment in the 1udiciar(. ,t cannot /e sa$el( presumed that he committed an( se4ual indiscretion a$ter he /ecame a #udge. ;e is not charged $or immoralit( committed /e$ore his appointment. .ccordingl() proo$ o$ prior immoral conduct cannot /e a /asis $or his administrative discipline in this case. 1udge 1uanson ma( have undergone moral re$ormation a$ter his appointment) or his appointment could have completel( trans$ormed him upon the solemn realiAation that a pu/lic o$$ice is a pu/lic trust and pu/lic o$$icers and emplo(ees must at all times /e accounta/le to the people) serve them with utmost responsi/ilit() integrit() lo(alt( and e$$icienc() act with patriotism and #ustice) and lead modest lives. 1udge 1uanson /ecame indiscreetO he succum/ed to the sweet memories o$ the past and he was una/le to disappoint <ol who asked $or his legal advice on a matter which involved her emplo(ment. <uch indiscretions indu/ita/l( cast upon his conduct an appearance o$ impropriet(. ;e thus violated &anon D o$ the &anons o$ 1udicial 3thics which mandates that 6a #udgeIs o$$icial conduct should /e $ree $rom the appearance o$ impropriet() and his personal /ehavior) not onl( upon the /ench and in the per$ormance o$ #udicial duties) /ut also in his ever(da( li$e) should /e /e(ond reproach)J and &anon 2 o$ the &ode o$ 1udicial &onduct which provides that Ja #udge should avoid impropriet( and the appearance o$ impropriet( in all activities.J ,t has /een said that a magistrate o$ the law must comport himsel$ at all times in such manner that his conduct) o$$icial or otherwise) can /ear the most searching scrutin( o$ the pu/lic that looks up to him as the epitome o$ integrit( and #ustice. %he ethical principles and sense o$ propriet( o$ a #udge are essential to the preservation o$ the $aith o$ the people in the #udiciar(. ,t is settled that immoralit( has not /een con$ined to se4ual matters) /ut includes conduct inconsistent with rectitude) or indicative o$ corruption) indecenc() depravit() and dissolutenessO or is will$ul) $lagrant) or shameless conduct showing moral indi$$erence to opinions o$ respecta/le mem/ers o$ the communit() and as an inconsiderate attitude toward good order and pu/lic wel$are. uling2 -ine o$ :2)LLL

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*N RE #:8GE RO#AS [1998]

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Emma #. 7AS<*LLO, compla !a!t vs. #u$%& Ma!u&l M. 7ALANOG, #R., r&spo!$&!t [1991] &astillo wrote a letter to the <& charging &alanog w/immoralit( " conduct un/ecoming o$ a pu/lic o$$icial. <he claims that she met the #udge during the pendenc( o$ the case $or her deceased common?law hus/and0s intestate estate. ;e was then temporaril( holding o$$ice in P& %& *ranch 94 where the case was assigned. 1udge was re$erred to her /( an ac=uaintance who claimed that he can help in the earl( termination o$ the case. @pon meeting the #udge) she was asked to see him in his law o$$ice. 8hen the( met) he invited her to eat in a restaurant " even asked her to ride w/him in his car. ;owever) he took him to a motel where he made se4ual advances on her. *ut he didn0t succeed. %he #udge) a married man) instead o$$ered to /e her su/?hus/and Ewhatever that meansQF) promised to give her a *liss condo unit and to provide $inancial support to her 2 daughters and send them to an e4clusive school $or girls. <he was convinced due to con$usion caused /( her hus/and0s untimel( death " &alanog0s persistence. <he then moved in to the condo w/her daughters and she su/se=uentl( gave /irth to his son named 1erome &hristopher &alanog. ;owever) a$ter giving /irth) #udge re$used to provide them w/$inancial support " didn0t $ul$ill his promise to send her daughters to an e4clusive school. ;e likewise re$used to pa( the condo0s monthl( installment) thus the( were in$ormed /( the Bational ;ousing .uthorit( that the( will /e evicted $rom said place. &alanog ignored her demands. &alanog0s response2 &astillo was no longer interested in pursuing the complaint) thus case should /e considered w/drawn or dismissed. ;e also denied the allegations. &astillo su/mitted an 6.$$idavit o$ >esistance9 den(ing her allegations since she has now come to her senses) is repenting " wants to straighten ever(thing. <he considers her complaint w/drawn. 1ose 1avier) &alanog0s court interpreter $or 1L (rs. testi$ied that &astillo " &alanog indeed have a relationship. ;e was asked to deliver &astillo0s weekl( allowance) pa( her monthl( electric " water /ills) /ring her to the hospital when she gave /irth to 1erome) etc. ;e testi$ied that she did live in the *liss condo. B*, ,ntelligence <ervice2 &astillo was &alanog0s mistress " she lived in a *liss condo w/her D children. &alanog $re=uented the condo /ut when the( go out) the( walk separatel() pretending not to know each other. . /aranga( census record listed &astillo0s name w/her D children as occupants o$ the condo unit. 7oungest child was 1erome &hristopher who was seen personall( inside the condo. 1erome0s /irth certi$icate $rom the B<G speci$ied Hanuel &alanog as the $ather. *ssu&s . Rat o+ 1. ,ON 7ast llo=s A11 $av t o1 8&s sta!c& 5 ll a11&ct t-& co!t !uat o! o1 t-& a$m ! strat v& cas&. 2 NO.

>.

,t has no persuasive value especiall( i$ was e4ecuted as an a$terthought. %his is necessar( to avoid making a mocker( out o$ trials " placing the investigation o$ truth at the merc( o$ unscrupulous witness. 1avier0s testimon( " &astillo0s complaint provide su$$icient ground $or the charges. &alanog had an intimate) immoral relationship w/&astillo. ,ON 7ala!o% s %u lty o1 mmoral ty. 2 3ES. :ertinent laws2 a. &ode o$ 1udicial &onduct) &anon ,) ule 1.L12 . #udge should /e the em/odiment o$ competence) integrit() pro/it( " independence. &ommentar(2 .s the individual who dispenses #ustice) pu/lic perception o$ the #udiciar( logicall( depends on the #udge0s attri/utes. /. ule 14L2 ,mmoralit( is under serious charges " punisha/le w/dismissal $rom the service w/$or$eiture o$ /ene$its Ee4cept accrued leavesF " dis=uali$ication $rom reinstatement/appointment to an( pu/lic o$$ice including a 5G&&. c. &ode o$ 1udicial 3thics2 #udge must /e $ree o$ a whi$$ o$ impropriet( 8 % his pro$essional " personal li$e. %here0s no dichotom( o$ moralit(. ;is o$$icial li$e can0t /e detached or separated $rom his personal e4istence. ;is conduct was un/ecoming o$ his position. ;e /etra(ed the people0s high e4pectations " diminished the esteem in w/c the( hold the #udiciar( in general. %he $aith " con$idence o$ the pu/lic in the administration o$ #ustice can0t /e maintained i$ the #udge who dispenses it is not e=uipped w/moral integrit( " continues to commit an a$$ront to pu/lic decenc(. %his is an administrative matter) thus) the su$$icienc( o$ $acts to prove concu/inage is immaterial. ;e lacked circumspection " delicadeAa /( $ailing to avoid situations that make him suspect to committing immoralit( " worse) having that suspicion con$irmed. *eing the su/#ect o$ constant pu/lic scrutin() a #udge must $reel( " willingl( accept restrictions on conduct that might /e /urdensome $or ordinar( citiAens. ;e committed grave in#ustice upon &astillo who sought his assistance in e4pediting her hus/and0s intestate estate proceedings. ;e took advantage o$ her helplessness " material deprivation. . more reprehensi/le e4ploitation o$ women in this case since the o$$ender took advantage o$ his power " authorit( to commit in#ustice.

"ol$ !%+ 5uilt( o$ immoralit(. >ismissed $rom service w/$or$eiture o$ retirement /ene$its " w/pre#udice to reinstatement/appointment to gov0t o$$ice including 5G&&s. Gut &rr&4, $ ss&!t as to t-& p&!alty+ 1. %he penalt( is too harsh. :rinciples o$ $airness) e=uit( " compassion should appl(.

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2.

D.

4.

5.

-ault cannot /e solel( attri/uted to &alanog. 3vidence was mostl( o/tained $rom &astillo " the 6discreet9 investigation /( the B*,. %he #ustice $inds &astillo as a woman w/ill?motive or cause to complain. <he0s a li/erated " e4perienced woman) wise in the wa(s o$ the world) w/o =ualms a/out having illicit relations w/men. <he $iled a complaint when she sensed that her $inancial e4pectations were not $orthcoming " a li$e o$ relative ease " com$ort could not /e assured. <he was motivated /( revenge " /ad $aith. &alanog on the other hand) is onl( human " /ound to (ield to the cravings o$ the $lesh. :erhaps he realiAed that he had sinned " should sin no more. %hus) he should /e given a chance to change his wa(s. &astillo " &alanog willingl( entered into this kind o$ relationship " thus) the( are /oth o$$enders " victims. ;is e4cellent record should /e considered too. M pu/lic service) civic " national a$$airs) dedication to the wel$are o$ the mem/ers o$ the /ench) leadership traits) etc. a. mem/er) 1udiciar( :lanning >evelopment " ,mplementation G$$ice /. president) :hilippine 1udges .ssociation -ormer cases applied lighter penalties) considering the $$2 a. long (ears o$ dedicated " devoted service to the government /. $irst o$$ense " $ault due to ine4perience c. wi$e/widow/children o$ respondent) in awarding $ull retirement /ene$its :enalt( should onl( /e a $ine o$ :4Lk w/most severe warning. -or the sake o$ &alanog0s /right $uture) $air name " honor o$ his $amil( " the service he can render to the #udiciar( " the nation) he should /e allowed to redeem himsel$. <ALENS vs. AR7EO [1996] .dministrative Hatter in the <&. 5ross Hisconduct. .tt(. 1ocel(n &. %alens?>a/on) &lerk o$ &ourt ! o$ the <an -ernando) :ampanga) %& $iled a sworn?complaint charging 1udge ;ermin 3. .rceo) the 34ecutive 1udge thereat w/ gross misconduct Elater amended to include immoralit(F <& re$erred the case to .ssociate 1ustice :ortia .liRo?;ormachuelos o$ the &. $or investigation) report) and recommendations) and at the same time) placing 1udge .rceo under preventive suspension $or the duration o$ the investigation .$ter re=uests $or postponement $rom /oth parties) hearings were held. ,n due time) the ,nvestigating 1ustice su/mitted her eport and ecommendation with the $ollowing $indings2 o D da(s a$ter %alens?>a/on $irst reported at the G$$ice o$ the &lerk o$ &ourt) .tt(. 3lenita Puinsa() she was summoned /( .rceo. ,t /othered her that he looked at her $rom head to $oot Jas i$ he were undressing her.J .rceo told her that she was going to /e detailed to his o$$ice as his assistant) a situation which she did not welcome having heard o$ .rceo0s reputation in the o$$ice as J/astosJ " JmaniakisJ prompting her to work $or her trans$er to *r. 45 under 1udge .delaida .la?Hedina.

%alens?>a/on received .rceo0s 3.G. re=uiring her to report to the o$$ice o$ the 34ec. 1udge. <he o/served respondent to /e rude and disrespect$ul to her " the other court personnel. ;e talked in a loud voice and shouted at themO used o$$ensive words such as Jwalang isip)J JtangaJO told green #okes " storiesO made harsh and negative comments a/out court personnel in the presence o$ others. 8henever he had the opportunit( he would make /odil( contact EJchancingJF with her " certain $emale emplo(ees. 8hen complainant introduced her $iance to him) .rceo asked her wh( she was pla(ing w/her $ore$inger) at the same time gesturing with his to signi$( se4ual intercourse. Gne time) .rceo kissed complainant) as well as Haril(n 'eander) 3ster 5alicia and other $emale emplo(ees. ;e also had a porn tape pla(ed at his /idding) and /rought and showed to the emplo(ees a picture which when held in some wa( showed $igures in coital position. .dding to complainantIs apprehensions a/out .rceo0s se4ual predilection were the revelations o$ Haril(n <enapilo?'eander) a stenographer o$ *ranch 4D who testi$ied that .rceo wrote her love letters) kissed her) pointedl( stared at her lower parts when she wore tight pants and made /od( contacts EJchancingJF. Gne time) .rceo summoned her to his cham/er and she $ound him clad onl( in /rie$s. 8hen she turned around to $lee) respondent called a$ter her sa(ing Jwh( are (ou a$raid. .$ter all) this is $or (ou.J 'eander con$ided to *ernardo %aruc) the most senior emplo(ee there who advised her to report the matter to >eput( &ourt .dministrator e(naldo <uareA /ut 'eander e4pressed $ear o$ retri/ution $rom respondent. 8hen 'eanderIs wedding was set in late 1995) respondent taunted her /( sa(ing J,ka() ang dami ko pa namang /alak sa I(o) kinuha pa naman kita ng /aha( sa isang su/division) tapos sina(ang mo lang) tanga ka kasiQJ -or the complainant0s part) one a$ternoon) .rceo summoned her " at one point gave her a poem Ea must readQ F and therea$ter approached her $or kisses w/c turned into a dramatic struggle. .rceo stopped and complainant angril( $led. .$ter con$iding to %aruc and to .tt(. 3lenita Puinsa( what happened) complainant went to the ;all o$ 1ustice where .rceo was and ver/all( /roached her re=uest $or trans$er. ;e acceded. %hus she /rought her written re=uest $or trans$er $or respondentIs signature /ut he re$used although he eventuall( signed the memorandum trans$erring her later that morning. 2 da(s later) complainant) a$ter consulting her $amil() reported the matter to the police and $iled with the Hunicipal %& o$ <an -ernando) :ampanga criminal cases $or acts o$ lasciviousness) !iolation o$ .nti? <e4ual ;arrassment 'aw and this administrative case on the $ollowing da(. -or his part) .rceo mostl( denied complainantIs allegations stating that he was merel( #oking then and making his other acts seem lighter than how complainant had narrated) even testi$(ing that complainant hersel$

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asked him to make the poem. ;e /elieved she was merel( retaliating $or 4 incidents that he either scolded or humiliated her. *ased on the $oregoing $indings) the ,nvestigating 1ustice made the $ollowing conclusions2 EaF that there is su$$icient evidence to create a moral certaint( that .rceo committed the acts complained o$) especiall( the violent kissing incidentO E/F that complainant " her witnesses are credi/le witnesses who have no ulterior motive or /ias to $alsel( testi$( against .rceoO EcF that respondentIs denials can not prevail over the weight and pro/ative value o$ the a$$irmative assertions o$ complainant " her witnesses) EdF that respondentIs poem has damned him) /eing documented proo$ o$ his se4ual intentions towards the complainantO EeF that /( $iling her charges imputing to .rceo a crime against chastit( " w/ her /ackground as a law(er " a court emplo(ee) complainant was well? aware that her honor would itsel$ /e on trialO E$F that it is un/elieva/le that complainant) a demure newl(?married lad( and a religious person) would $a/ricate a stor( with such severe implications on respondentIs pro$essional and personal li$e #ust to get even w/ respondent $or an alleged simple scolding incidentO and EgF that /( doing the acts complained o$) .rceo has tempted the morals o$ not onl( complainant /ut also the other court emplo(ees over whom he e4ercised power " in$luence as 34ecutive 1udge. %he ,nvestigating 1ustice thereupon) recommended that .rceo /e dismissed $rom the service with pre#udice to re?appointment in an( other government position and with $or$eiture o$ all /ene$its and privileges appertaining him) i$ an(.

,ON Arc&o s %u lty o1 %ross m sco!$uct a!$ mmoral ty 73<. %he &ourt held that the $indings and recommendations o$ the ,nvestigating 1ustice are in truth ade=uatel( supported /( the evidence and are in accord with applica/le legal principles. %he &ourt agrees and adopts such $indings and recommendations. %he integrit( o$ the 1udiciar( rests not onl( upon the $act that it is a/le to administer #ustice /ut also upon the perception and con$idence o$ the communit( that the people who run the s(stem have done #ustice. ;ence) in order to create such con$idence) the people who run the #udiciar() particularl( #udges and #ustices) must not onl( /e pro$icient in /oth the su/stantive and procedural aspects o$ the law) /ut more importantl() the( must possess the highest integrit() pro/it() and un=uestiona/le moral uprightness) /oth in their pu/lic and private lives. Gnl( then can the people /e reassured that the wheels o$ #ustice in this countr( run with $airness and e=uit() thus creating con$idence in the #udicial s(stem. '35.' *.<3<2 &ode o$ 1udicial &onduct o &anon ,) ule 1.L12 . 1udge should /e the em/odiment o$ competenceO integrit( and independence.

&anon ,,) ule 2.LL2 . 1udge should avoid impropriet( and the appearance o$ impropriet( in all activities. o &anon ,,) ule 2.L12 . 1udge should so /ehave at all times as to promote pu/lic con$idence in the integrit( and impartialit( o$ the #udiciar(. &ourt has adhered and set $orth the e4acting standards o$ moralit( and decenc( which ever( mem/er o$ the #udiciar( must o/serve Dy Taban Hardware and Auto Supply Co. vs. Tapucar 2 ationale wh( ever( #udge must possess moral integrit(2 %he personal and o$$icial actuations o$ ever( mem/er o$ the #udiciar( must /e /e(ond reproach and a/ove suspicion. %he $aith and con$idence o$ the people in the administrations o$ #ustice can not /e maintained i$ a #udge who dispenses it is not e=uipped with the cardinal #udicial virtue o$ moral integrit( and i$ he o/tusel( continues to commit a$$ront to pu/lic decenc(. ,n $act) moral integrit( is more than a virtueO it is a necessar( in the #udiciar( 444 *eing the su/#ect o$ constant pu/lic scrutin() a #udge should $reel( and willingl( accept restrictions on conduct that might /e viewed as /urdensome /( the ordinar( citiAen. 444 . #udge should personi$( integrit( and e4empli$( honest pu/lic service. %he personal /ehavior o$ a #udge) /oth in the per$ormance o$ his o$$icial duties and in private li$e should /e a/ove suspicion. espondent has $ailed to measure up to these e4acting standards. ;e has /ehaved in a manner un/ecoming o$ a #udge and as model o$ moral uprightness. ;is actuations) i$ condoned) would damage the integrit( o$ the #udiciar() $omenting distrust in the s(stem. ;ence) his acts deserve no less than the severest $orm o$ disciplinar( sanction o$ dismissal $rom the service. ;is actuations are aggravated /( the $act that complainant is one o$ his su/ordinates over whom he e4ercises control and supervision) he /eing the e4ecutive #udge. espondent ma( indeed /e a legall( competent person /ut he has demonstrated himsel$ to /e wanting o$ moral integrit(. ;e has violated the &ode o$ 1udicial &onduct which re=uires ever( #udge to /e the em/odiment o$ competence) integrit() and independence and to avoid impropriet( and the appearance o$ impropriet( in all activities as to promote pu/lic con$idence in the integrit( and impartialit( o$ the #udiciar(. <& &ircular Bo. 1D2 -inall() all trial #udges should endeavor to conduct themselves strictl( in accordance with the mandate o$ e4isting laws and the &ode o$ 1udicial 3thics that the( /e e4emplars in the communities and the living personi$ication o$ #ustice and the ule o$ 'aw
o

"ol$ !%+ .rceo is here/( >,<H,<<3> $rom the service $or gross misconduct " immoralit( pre#udicial to the /est interests o$ the service) w/$or$eiture o$ all retirement /ene$its " w/ pre#udice to re?emplo(ment in an( /ranch o$ the gov0t) including gov0t?owned " controlled corps.

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L*,ANAG vs. L:S<RE [1999]

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#A(*ER vs. 8E G:6MAN [199?] -acts2 >is/arment proceedings on the ground o$ dishonora/le conduct. >ecem/er 7) 1987 M 3$ren 1avier and his mother) 'olita) /orrowed :2LL)LLL $rom 1udge >e 5uAman with interest orall( agreed upon at 1LS. %he( issued a @&:* check $or :22L)LLL. %he( didn0t have a checking account and as such the drawer o$ the check was >onato E/rother?in?lawF. >e 5uAman re=uired them to sign a HG. which provides a 2LS interest per month) compounded monthl(. ,t also stated that an appropriate charge against *: 22 can also /e $iled against them. %he check was su/se=uentl( dishonored and as such a suit $or a 6sum o$ mone( and damages with pra(er $or the issuance o$ a writ o$ preliminar( attachment9 was $iled in the %& o$ Hakati. ,n this case) the 1aviers were ordered to pa( a sum o$ :6L8)971.67 with 2LS interest/penalt( a month compounded monthl( /eginning <eptem/er 8) 1988 until $ull( paid and the sum e=ual to 1LS o$ the amounts due and recovera/le as reim/ursement o$ attorne(0s $ees and litigation e4penses. 1udge >e 5uAman also $iled 2 criminal complaints. EaF violation o$ *: 22 against 3$ren Tac=uittedU E/F 3sta$a againt the 1aviers TdismissedU Harch 21) 1989 M $iled an administrative charge against :edro E$ather o$ 3$renFaccusing him o$ having committed 3sta$a) dishonest( and conduct un/ecoming o$ a government o$$icial. -eeling harassed the 1aviers $iled an administrative charge against 1udge >e 5uAman 1. @surious interest 2. %aking advantage o$ his position as %& 1udge o$ Hakati D. esorting to $iling a criminal complaint $or violation o$ *: 22 against 3$ren despite the knowledge that he was not the drawer. 4. -ailed to reveal the true $acts in the administrative charge against :edro. 8GB 1udge >e 5uAman is guilt( o$ dishonora/le conductN 73< -irst &harge o ,nterest now legall( chargea/le depends upon the agreement o$ lender and /orrower. ,nterest charged on the loan was e4or/itant. %he amount is /eing collected as a charge $or the use o$ mone( and this charge is /latantl( out o$ proportion to the amount o$ mone( loaned. <econd &harge o ;e took advantage o$ his position as Hakati %& #udge /( $iling the collection case against the complainant in that &ourt. ,nstead o$ $iling the suit in P& where the 1avier resides or in Hanila where he resides he took advantage o$ the waiver o$ venue stipulated in the HG. when he chose to $ile the case in Hakati. o ;e has $allen short o$ what is e4pected o$ his as a 1udge and o$$icer o$ the court among whose duties is to see to it that pu/lic con$idence in

the honor) dignit() integrit( and independence o$ the #udiciar( is not eroded pursuant to &anon D and 25 o$ the &anons o$ 1udicial 3thics. %hird &harge o 3$ren 1avier was not the drawer o$ the check and it was his dut( as a 1udge whose personal /ehavior should at all times) even in his ever(da( li$e) /e /e(ond reproach sp as to promote pu/lic con$idence in the dignit() honor) integrit() and independence o$ the #udiciar() who should endeavor to prevent the erosion o$ such con$idence /( irresponsi/le or improper conduct M to disregard his personal animosit( towards the 1aviers and to see to the $orthright dismissal o$ the case. ;e $ailed to complu with this dut( when he instead saw to the continuation o$ the prosecution o$ the case until it reached the %& and up to its termination thereat. -ourth &harge o Baturall( $elt aggrieved /( what had transpired and he undou/tedl( thought that it could /e righted /( $iling the administrative case. Bo malice or desire to harass. . #udge0s o$$icial conduct should /e $ree $rom the appearance o$ impropriet() and his personal /ehavior) not onl( upon the /ench and in the per$ormance o$ #udicial duties) /ut also in his ever(da( li$e) should /e /e(ond reproach. %he truism that a 1udge0s o$$icial li$e cannot simpl( /e detached or separated $rom his personal e4istence and that upon a 1udge0s attri/utes depend the pu/lic perception o$ the 1udiciar(. :u/lic con$idence in the 1udiciar( is eroded /( irresponsi/le or improper conduct o$ 1udges. . 1udge must avoid all impropriet( and the appearance thereo$. *eing the su/#ect o$ constant pu/lic scrutin() a #udge should $reel( and willingl( accept the restrictions on conduct that might /e viewed as /urdensome /( the ordinar( citiAen. . #udge should personi$( #udicial integrit( and e4empli$( honest pu/lic service. %he personal /ehavior o$ a #udge) /oth in the per$ormance o$ o$$icial duties and in private li$e should /e a/ove suspicion. . #udge shall re$rain $rom $inancial and /usiness dealings that tend to re$lect adversel( on the court0s impartialit() inter$ere with the proper per$ormance o$ #udicial activities) or increase involvement with law(ers or persons likel( to come /e$ore the &ourt. . #udge should so manage investments and other $inancial interests as to minimiAe the num/er o$ cases giving grounds $or dis=uali$ication.

uling2 severel( censured) with a stern warning that a repetition o$ the said acts or similar acts in the $uture shall receive greater sanctions.

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<A"*L vs. E*SMA [19)@] ;ad#irul %ahil charged Hunicipal 1udge o$ :arang) <ulu) &arlito 3isma o$ dishonest( $or $ailing to report to work contrar( to his dail( time record. 1udge -eli4 *. *ar/ers instituted an 6investigation) report and recommendation9. %he $indings were2 3isma was regularl( present e4cept $or certain da(s when he marked himsel$ a/sent) correspondingl( his salar( is deducted $rom. %he alleged $alsi$ication o$ his dail( time and record had no credi/ilit(. %he charge was $iled out o$ hatred) anger) and revenge. %he( were $riends /ut %ahil0s pleas weren0t granted. %hen *ar/ers went into detail that the 1udges when the( decide do not look at $riends or $oes. ;is actions must /e prescri/ed /( law and whether he acted #udiciousl( and not in$luenced. &omplainant /ecame wrath$ul and wrath must /e channeled properl( or else the( lead to grave in#ustice. %ahil once /rought a /ail/ond $or murder $or his nephew *akkal ,lahal $or 3isma to approve. *ut 3isma denied it /ecause the /ondsmen did not appear in court. *ar/ers said that this was correct procedure and adds) that the signature o$ the principal ,lahal was not on the /ond. %here was also no veri$ication i$ the ta4es o$ the real properties o$$ered as /ond were paid. %he( lack the procedural attaching o$ receipts or a certi$ication o$ the municipal treasurer. %ahil also has a /one to pick when his motion to dismiss the illegal possession o$ $irearms $iled $or his nephew was denied. %he denial was /ecause the evidence testi$ied /( 't. odialo 5umtang was strong against the certi$ied true copies o$ documentar( evidence given /( %ahil. %he documents0 validit( and originalit( were also in =uestion) /ut is welcome to /e presented in the trial. *ut *ar/ers said that) this too was correct and 3isma acted legall(. *ut 3isma admitted to having granted /ail to the accused) ,lahal $or murder upon the re=uest o$ a congressman) even i$ he strongl( /elieves on the latter0s guilt. ,t is recommended that he /e $ined $or a month0s salar( and warned against an( repetition. 8GB 3isma is lia/le $or his admission to granting /ail upon re=uest o$ a congressman. 73< /ut he shouldn0t /e $ined in this case $or lack o$ proper charge and investigation. %he consti all persons /e$ore conviction are /aila/le e4cept those charged with capital o$$enses when evidence o$ guilt is strong. %he court must determine the weight o$ the evidence in a summar( hearing pursuant to V7 ule 114 o$ the ules. 8hen 3isma admitted to granting /ail even i$ he thought the evidence was strong) his act is reprehensi/le. *ut it is not clear on record i$ a summar( hearing was instituted. Bor was 3isma charged and investigated $or this. %here$ore) the court lacks speci$ic $inding i$ 3isma committed 5adale#) and can0t impose a $ine against him.

>ismissed. *ut considering his admission) he is .>HGB,<;3> to demonstrate a greater degree o$ competence) intellectual courage and independence in the discharge o$ his #udicial duties to merit the con$idence and support o$ the people.

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Arma!$o 7ON<RERAS, compla !a!t, vs. #u$%& 7&sar M. SOL*S, r&spo!$&!t [1996] *ackground2 1. in$o was $iled against u$ino Hamangon) a :B: mem/er) $or the murder o$ 5ener &ontreras) complainant0s /rother. 2. &ase was dismissed $or lack o$ #urisdiction) however) Hamangon was not released $rom detention D. Hamangon $iled a petition $or ha/eas corpus w/c was assigned to <olis0 /ranch. <olis dismissed the petition $or lack o$ merit. 4. <olis issued an order authoriAing Hamangon0s release upon posting o$ a :25k cash /ond. %hus) Hamangon was released. 5. <olis canceled the cash /ond " ordered Hamangon0s re?arrest. .rmando alleged that he met w/<olis who told him that Hamangon was willing to pa( :25k $or his release and i$ he E.rmandoF can give him that same amount) he would no longer release Hamangon. ;e assails <olis as having gravel( a/used his discretion " authorit( in ordering Hamangon0s release since in a ha/eas corpus petition) the #udge can onl( determine 8GB detention is legal. Bo authorit( either in ordering re?arrest. <olis0 de$ense2 Bo notice o$ order was t(ped since clerks were no longer availa/le. %hus) notice was made personall(. Botice was done to a$$ord o$$ended part( opportunit( to participate in the proceedings. Hention o$ :2Lk pertained to how much will /e spent /( &ontreras in litigation. -indings o$ >eput( court .dministrator) Wenaida 3lepano2 $ine recommended 1. Heeting w/&ontreras was unnecessar(. 2. Bo proo$ re attempted e4ploitation. D. ,nvoked /( <olis in deciding to dismiss the case $or the $irst time2 ules o$ &ourt) ule 114) <ec. D and ule 1L2) <ec. 14 ? accused law$ull( committed /e$ore $inal conviction is entitled to /ail upon pa(ment o$ a /ond. ,$ penalt(0s death and the evidence o$ guilt is strong) /ail ma( not /e allowed. 4. :rovisions not applica/le since petition $or ha/eas corpus is a special proceeding not covered /( a$orementioned proceedings " penalt( $or murder during that time was onl( reclusion perpetua " not death. 5. <olis0 decisions were erroneous /ecause2 a. Hamangon was not even appl(ing $or /ail when he was released. . /. Bo hearing was ordered to provide the prosecution an opportunit( to show that the evidence was strong so as to preclude /ail. c. Hamangon was not law$ull( detained. ;e should have /een released outright w/o need $or /ail or /ond. d. ;e has no discretion to cancel the /ail since none o$ the re=uirements $or canceling /ail was present Esurrender o$ accused) proo$ o$ his death) ac=uittal/dismissal o$ case) grave misconductF.

. reasona/le mind would deduce that <olis0 act meant something more. ,n mentioning the price) it seems as i$ he was insinuating that &ontreras would save on the e4penses " /e certain o$ result /( spending same amount $or the #udge. Heeting " giving o$ advice2 $ar $rom the /ehavior o$ mem/ers o$ the #udiciar() who should) at all times) avoid the slightest hint o$ anomal( " corruption. . #udge should avoid an( suspicion o$ irregularit( " he should promote con$idence in the #udicial s(stem. %his is the price he has to pa( $or #oining the #udiciar(. :ertinent statutes2 a. &ode o$ 1udicial &onduct E&1&F) &anon ,) ule 1.L12 #udge should /e competent) w/integrit( " independent. /. &anon ,,) ule 2.LL2 .void impropriet( in all activities. c. ule 2.L12 :romote pu/lic con$idence in the integrit( " impartialit( o$ the #udiciar(. ,ON Sol s s %u lty o1 %rav& a'us& o1 aut-or ty . %rav& m sco!$uct . !comp&t&!c&. 2 NO. >ismissal o$ petition $or ha/eas corpus in the $irst instance was proper since it would naturall( undermine the $unctions o$ a co?e=ual /ranch o$ the court where the case was still su/#ect to appeal. .pplication o$ ule 1L2 <ec. 14 erroneous. >etention was no longer law$ul. ,t was illegal " untena/le. ;e should have granted the petition $or ha/eas corpus and ordered release o$ Hamangon w/o re=uiring him to post /ail. ;e should have not ordered the re?arrest o$ Hamangon. 3rroneous application o$ the law can0t /e the sole /asis $or disciplining him. >isciplining a #udge re=uires that he act un#ustl( contrar( to law) w/conscious " deli/erate intent to do in#ustice) act $raudulentl( or corruptl() or w/gross ignorance. ;e can0t /e lia/le i$ application was done in good $aith. :resumption would that he issued those orders in good $aith in the a/sence o$ proo$ to the contrar(. Halicious intent was not proven. @na/le to $ind a clear " de$inite connection /etween an attempt at e4tortion " su/se=uent erroneous orders.

>.

"ol$ !%+ <olis guilt( o$ committing acts o$ impropriet( pre#udicial to the integrit( o$ the 1udiciar(. Grdered to pa( a $ine o$ :2)LLL.LL w/warning that a repetition o$ a similar conduct shall /e dealt w/more severel(. L*M vs. SEB:*BAN [1991] .dministrative Hatter in the <& .rnul$o 'im) the clerk o$ &ourt o$ the H%& o$ .llen) <amar) " :epito o(ando(an) the process server o$ that court) charged their #udge) <i4to <egui/an E1udgeF) w/ coercion) oppression) in#ustice) harassment and gross misconduct 'im claimed that 1udge slapped him in pu/lic at the courtroom0s doorwa( /ecause 'im had given o(ando(an the latter0s pa(check $or the 2nd

*ssu&s . Rat o+ 1. ,ON Sol s s %u lty o1 &Atort o! . $ s-o!&sty. 2 3ES.

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quincena o$ -e/) 1986. 'im apparentl( $orgot that o(ando(an0s temporar( appointment had e4pired in 1an. 1986 o(ando(an claimed that 1udge $orci/l( " w/ vindictiveness took his pa(check $or the 2nd quincena o$ -e/) 1986 as he " >anilo >alucapas had re$used to sign an untruth$ul a$$idavit prepared /( 1udge to /e used in a criminal case w/c 1udge $iled against his court stenographer) whom he had earlier #ailed $or contempt. 1udge /arred o(ando(an $rom entering the o$$ice " court premises. %herea$ter he $orci/l( took o(ando(an0s pa(check. 8hen 1udge received the complaint) he advised o(ando(an " >alucapas to resign or trans$er. %he latter =uit his #o/. .s an a$termath o$ the =uarrels o$ the 1udge w/ his clerk o$ court) process server and court stenographer) a petition signed /( some 19L residents o$ .llen and sent to the &hie$ 1ustice) asking $or the ouster o$ 1udge $or /eing harsh and rude to law(ers) insulting them in the presence o$ their clients) /randing his emplo(ees as thieves w/o #usti$ia/le cause) #ailing a court stenographer $or a simple mistake) " $or sadistic /ehavior toward ever(one in general %hen court emplo(ees went on mass leaves o$ a/sence $or various reasons " e4cuses. .ll the court emplo(ees re$used to work " picketed the court premises demanding 1udge0s resignation <& temporaril( detailed 1udge at the H%& in <an ,sidro while 1udge <iervo o$ that court was trans$erred to the H%& in .llen 1udge $iled a charge o$ insu/ordination against 5 court emplo(ees2 'im) &rispulo :adida) Hita <a/ordo) 'i/ertad <uan) " 1aime .lmasco. 'atter $iled a countercharge o$ $alsi$ication against 1udge %he charges o$ 'im " o(ando(an were re$erred to 1udge &inco) 34ec. 1udge o$ the %& $or investigation. 1udge &inco recommended the dismissal o$ the charges 6w/ the respondent /eing admonished to /e more restrained " prudent in his /ehavior9 ,ON Roya!$oya! a!$ L m=s c-ar%&s s-oul$ '& &!t&rta !&$ BG and 73<. <& held that o(ando(an0s charge o$ vindictiveness against 1udge should /e dismissed $or lack o$ /asis it having /een esta/lished that o(ando(an0s provisional appointment as process server had /( 1an. 1986 e4pired) hence) he ceased to /e emplo(ed in the 5ov0t " was not entitled to compensation therea$ter 1udge is guilt( o$ oppression " gross misconduct in slapping his clerk o$ court) 'im) in pu/lic " therea$ter) harassing him to resign or trans$er to another o$$ice on account o$ this administrative charge w/c 'im $iled against him 1udge0s notorious predisposition to use ph(sical violence " intemperate language against his su/ordinates reveals a marked lack o$ #udicial temperament " sel$?restraint) traits not onl( desira/le) /ut indispensa/le) $or ever( #udge to possess /esides the /asic e=uipment o$ learning in the law. ;e has demonstrated his un$itness to /e a #udge as /ehavior such as he has e4hi/ited puts the #udiciar( in dispute %hus) $or having acted in an oppressive) improper) " violent manner against his clerk o$ court /( slapping him on the $ace w/o su$$icient provocation or

#usti$ia/le cause " in gross violation o$ his dignit( as a person) 1udge <egui/an is here/( dismissed $rom service w/o pre#udice to pa(ment o$ /ene$its due him $or the period o$ his service to the 5ov0t. %emporar( detail o$ 1udge <iervo is terminated " he is ordered to return to his regular station. 8ith respect to the administrative charge o$ insu/ordination $iled /( 1udge) the 5 emplo(ees are admonished not to repeat the same under pain o$ more severe penalt( in the $uture.

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SANGG:N*ANG CANLALA,*GAN vs. ALBANO [1996] -.&%<2

the accused is pro/a/l( guilt() so that warrant o$ arrest ma( /e issued and accused held $or trial X #udicial $unction

%he <: issued R&solut o! @6) which calls $or the immediate investigation o$ 1udge 3$ren .l/ano EH%&F $or2 1. &ontroversial decisions 2. ;a/itual a/sences D. ,ndiscretion 4. ,ne$$icienc( 5. ,ncompetence Hore speci$icall() 1udge .l/ano is /eing accused o$2 1. irregularities in the wa( he conducts preliminar( investigation M he dismissed 4L criminal cases a$ter preliminar( investigation without transmitting the resolution and records to the provincial prosecutor upon conclusion o$ the proceedings 2. archived 2 cases when police $ailed to arrest the suspects therein) in violation o$ Section 5 of ule !!" of t#e oC 3. issued warrants o$ arrest without e4amining the complainant and his witnesses in writing and under oath) in violation o$ Section $%b& of ule !!" and Section "!' Article III of t#e Constitution 1udge &a/e/e) to whom the resolution was re$erred $or investigation) report and recommendation recommended the dismissal o$ the 1udge .l/ano $rom the service with $or$eiture o$ /ene$its ,n his de$ense) .l/ano e4plained that2 1. %he cases were dismissed at the pr&l m !ary &Aam !at o! sta%& Eto determine whether there is pro/a/le cause to issue a warrant o$ arrestF, !&v&r r&ac-&$ t-& pr&l m !ary !v&st %at o! stat&, t-&r& 1or& t-&r& 5as !o !&&$ to tra!sm t t-& r&cor$s to t-& prov !c al pros&cutor 2. ;e cannot /e held lia/le $or improper disposition o$ cases under preliminar( investigation /ecause the acts imputed against him p&rta ! to - s /u$ c al capac ty t-at ar& !ot su'/&ct to $ sc pl !ary po5&r.

:reliminar( investigation M where the complaint or in$ormation is read to the accused a$ter his arrest and he is in$ormed o$ the su/stance o$ the evidence against him) a$ter which he is allowed to present evidence in his evidence Ei$ he so desiresF. >etermines whether or not he should /e held $or trial X e4ecutive $unction :residential >ecree 911 removed the preliminar( e4amination state and integrated it into the preliminar( investigation proper Enow) there is onl( one stageF <ection 5) ule 112 speci$ies that the dut( o$ the investigating #udge includes the trans(ission to t#e provincial or city fiscal of t#e resolution and records of t#e case. S#ould t#e fiscal disa)ree wit# t#e findin)s' fiscal*s rulin) will prevail. %he government was constrained to assign this $unction to the #udges o$ the H%& and H&%& /ecause there are not enough $iscals and prosecutors. ,-&! t-& /u$%& p&r1orms a !o!D/u$ c al 1u!ct o!, -& s p&r1orm !% a m ! st&r al $uty Ei.e. transmitting the resolution along with the records o$ the case to the $iscal within 1L da(sF - s 1 !$ !%s ar& su'/&ct to r&v &5 'y t-& 1 scal, 5- c-, ! tur!, may '& r&v &5&$ 'y t-& S&c. o1 #ust c&. ;e has deprived the parties their statutor( right o$ review that should /e conducted /( the provincial prosecutor

II.

,ssuance o$ warrants $or arrest2 5- l& t-& ssua!c& o1 a 5arra!t 1or arr&st s a$$r&ss&$ to t-& sou!$ $ scr&t o! o1 t-& /u$%& a!$ 5 ll !ot su'/&ct - m to $ sc pl !ary act o!, prov $&$ t-&r& s !o %rav& a'us& o1 $ scr&t o! or mal c&, he is still expected to follow strictly the procedure laid down in the rules regarding its issuance. ;e issued several warrants o$ arrest without e4amining the complainant and his witnesses in writing and under oath) in violation o$ <ection 6) ule 112 o$ the o& Ee4amination in the $orm o$ searching =uestions and answersF ;e ma( have unnecessaril( deprived the accused their li/ert() however momentar(

<& holding2 I. preliminar( e4amination v. preliminar( investigation2 /u$%& $&mo!strat&$ - s %ross %!ora!c& o1 t-& prop&r proc&$ur& ! co!$uct !% pr&l m !ary !v&st %at o!. 7o!$uct o1 pr&l m !ary !v&st %at o! s a! executive, not a judicial 1u!ct o!, t-&r&1or& 1alls u!$&r t-& aut-or ty o1 t-& pros&cutor.

:reliminar( e4amination M where #udge determines whether there is reasona/le grounds to /elieve that the o$$ense has /een committed and

Rul !%+ &onstitution re=uires that all mem/ers o$ the #udiciar( must /e o$ proven competence) integrit() pro/it( and independence. ;is constant violation

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o$ the constitutional re=uirement and stu//orn adherence to improper procedures Ehe0s /een doing this since the start o$ his term as municipal #udgeF makes him u!1 t to $ sc-ar%& 1u!ct o!s o1 a /u$%& 8 sm ss&$ 1rom s&rv c& 5 t- 1or1& tur& o1 all l&av& cr&$ ts a!$ r&t r&m&!t '&!&1 ts a!$ $ s0ual 1 cat o! 1rom r&&mploym&!t ! t-& !at o!al a!$ local %ov&r!m&!ts, as 5&ll as ! %ov=t !strum&!tal t &s a!$ GO77s

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C*L*C*NAS BANG vs. <*RONADL*,AG [199?] -acts2 !eri$ied administrative complaint $iled /( :ilipinas *ank charging retired associate #ustice %irona?liwag with gross ignorance o$ the law) partialit() serious misconduct and knowingl( rendering un#ust orders and decisions. <eptem/er 28) 198D M ustica %an $iled with the %& a complaint $or damages with in#unction against petitioner :ilipinas *ank to stop an e4tra#udicial $oreclosure o$ a lot. Gcto/er 21) 198D M :ilipinas *ank E:*F $iled a motion to dismiss /ut it was denied /( 1udge .guinaldo. .tt(. odol$o) counsel o$ the de$endant) received a cop( o$ the order. 1ul( 15) 1985 M plainti$$ $iled a motion to declare the de$endant in de$ault $or $ailure to $ile an answer. 1ul( D1) 1985 M :* $iled an opposition to declare the de$endant in de$ault and a motion to admit answer. %he answer was attached and cop( was $urnished to .tt(. :olicarpio. Gcto/er 14) 1985 M 1udge .guinaldo issued an order declaring the de$endant in de$ault. 1udge .guinaldo noted that .tt(. !ega) counsel o$ the de$endant) received a cop( o$ the order den(ing the motion to dismiss. Bovem/er 15) 1985 M .tt(. *ernardino $iled a notice o$ appearance as counsel $or the plainti$$ in view o$ the withdrawal o$ .tt(. :olicarpio.

;earing was reset to Harch 16) 1988 /ut counsel o$ the de$endant $ailed to appear. :lainti$$s0 counsel mani$ested that he had not received a cop( o$ the answer. 1udge 'iwag directed the answer to /e stricken o$$ the record and declare the de$endant in de$ault. H- $iled /( de$endant was denied. 1udge 'iwag rendered #udgment in $avor o$ the plainti$$. <he also granted a motion $or e4ecution. ,ssued a writ o$ e4ecution to en$orce the decision. >ecision was not en$orced /ecause o$ a restraining order issued /( the &..

Harch 6 1986 M plainti$$s0 counsel $iled an urgent motion to su/mit additional evidence granted Harch 14) 1986 M presented evidence to esta/lish total damage amounting to :11)474)554 .ugust 1D) 1986 $iled an H- $or the order o$ Gcto/er 14) 1985. %he( alleged that the( never received a cop( o$ the motion) did not receive a cop( o$ the order) and that it was onl( via their investigative work that the( learned o$ the developments. Hotion was signed /( .tt(. 5utierreA <eptem/er 1L) 1987 M .tt(. 5utierreA $iled an appearance. Gcto/er 21) 1986 M 1udge .guinaldo issued an order setting aside the de$ault order and admitting the de$endant0s answer. .ugust 24) 1987 M :residing #udge is now 1udge %irona?'iwag. ,ssued an order directing .tt(. !ega who had reappeared as counsel $or the de$endant to $urnish the counsel $or the plainti$$s a cop( o$ the answer within $ive da(s. ;earing o$ the case was set on Gcto/er 7) 1987. Bovem/er 9) 1987 M order that declared the de$endant in de$ault. >ecem/er 9) 1987 M .tt( !ega $iled a JHani$estation with Hotion $or :ostponementJ stating therein that he erroneousl( sent a cop( o$ the de$endantIs answer to .tt(. 'umen :olicarpio) the plainti$$sI $ormer counsel /ut J... is now attaching herewith 4ero4 cop( o$ his .nswer to .tt(. 5utierreA) the present counsel actuall( handling the case $or his disposition.J .tt(. !ega also asked that the case /e reset on 1anuar( 19) 1988.

,ssue2 8GB 1udge 'iwag committed reversi/le error and as such should /e disciplined accordingl(N BG :* asks the application o$ res ipsa lo=uitur. ,t states that the decision o$ the #udge speaks $or themselves in the light o$ the surrounding circumstances. >e$ault order M no partialit() serious misconduct) or rendering o$ un#ust order in its promulgation. %he situation could have /een /etter handled and a more correct order issued with the same e$$ect as a /lanket grant o$ a motion to declare de$endant in de$ault. Bo /asis $or imposing disciplinar( measures on this score alone. 1udge 'iwagIs $inding that her predecessor li$ted the de$ault order /ecause o$ a misrepresentation /( the /ankIs counsel. %he /ehaviour o$ the /ankIs counsel in su/se=uent proceedings and the long dela( in the resolution o$ the case eventuall( led to the =uestioned #udgment.

&laim that damages awarded is e4cessive ,t was error on the part o$ 1udge 'iwag to award damages more than what was pra(ed $or in the complaint. .s cited /( the appellate court) <ection 5) ule 18 o$ the ules o$ &ourt is ver( e4plicit in that a #udgment against the part( in de$ault shall not e4ceed the amount or /e di$$erent in kind $rom that pra(ed $or. es ipsa lo=uitur cannot appl( ,n these res ipsa lo=uitur resolutions) there was on the $ace o$ the assailed decisions) an ine4plica/le grave error /ere$t o$ an( redeeming $eature) a patent railroading o$ a case to /ring a/out an un#ust decision) or a mani$estl( deli/erate intent to wreak an in#ustice against a hapless part(. %he $acts themselves) previousl( proven or admitted) were o$ such a character as to give rise to a strong in$erence that evil intent was present. <uch intent) in short) was clearl( deduci/le $rom what was alread( o$ record. %he res ipsa loquitur doctrine does not e4cept or dispense with the necessit( o$ proving the $acts on which the in$erence o$ evil intent is /ased. ,t merel( e4presses the clearl( sound and reasona/le conclusion that when such $acts are admitted or are alread( shown /( the record) and no credi/le e4planation that would negative the strong in$erence o$ evil intent is $orthcoming) no $urther healing to esta/lish them to support a #udgment as to the culpa/ilit( o$ a respondent is necessar(. -acts negate an( improper or evil motive and malice on the part o$ 1udge 'iwag in issuing the orders as well as the decision.

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that 1udge 'iwag never issued the orders in deli/erate haste to railroad the case in $avor o$ the plainti$$s and to the pre#udice o$ the de$endant) the complainant /ank herein o %he orders were issued a$ter deli/eration and consideration o$ all pleadings $iled /( the parties. %he orders were not issued without rh(me or reason. %he orders clearl( reveal all the antecedent $acts as regards the su/#ect matter o$ the orders and the #usti$ications $or such orders. 1udge 'iwag issued the =uestioned orders in apparent good $aith without an( proo$ or showing o$ malice) corrupt motives or improper consideration. o 5ood $aith and a/sence o$ malice) corrupt motives or improper consideration are su$$icient de$enses protecting a #udicial o$$icer charged with ignorance o$ the law and promulgation o$ an un#ust decision $rom /eing held accounta/le $or errors o$ #udgment) on the premise that no one called upon to tr( the $acts or interpret the law in the administration o$ #ustice can /e in$alli/le. %he respondent 1udgeIs claim o$ /elie$ in the legal soundness o$ his orders would have /een more plausi/le were it not $or his percepti/l( persistent re$usal) despite the opportunit( a$$orded /( several occasions) to hear the merits o$ the de$enses o$ complainant <olid/ank and its co?de$endants in their motions to dismiss and answer) and the grossl( e4cessive and unconsciona/le amounts o$ damages he ad#udged against said de$endants despite their preclusion $rom an( participation in the trial 1ustice 'iwag states that i$ what she considered her /est e$$orts are $ound wanting /( the <upreme &ourt) then she tenders her sincerest apologies $or the lapses or errors she might have committed and assures us that the( were not done with malice or intent to cause in#ustice to an(one. 1udge 'iwag should have acted in a more pro$essionall( competent manner to o/viate the appearance or suspicion o$ misconduct in the issuance o$ orders awarding huge sums o$ mone( against de$aulting or recalcitrant parties. ,$ she were still on the /ench) she would have /een reprimanded and warned to /e more care$ul in the scrupulous o/servance o$ the rules. <ince she has retired) the a/ove o/servations su$$ice. o