Lihaylihay vs. Canda A.M. No.

MTJ-06-1659, June 19, 2009 FACTS In the case at bar, the complainant, Lihaylihay, alleged that the respondent judge, Judge Canda, asked Tenefrancia, to apply for the position of Sheriff IV, which was recently acated! "owe er, a certain #limpolo applied for the position, which was strongly opposed by Judge Canda and was of the impression that Lihaylihay was assisting such application! The complainant recei ed a te$t message from the respondent judge which she reported for blotter as she took the message as a threat! The following day, she gain recei ed a te$t message from the judge which stated, in part, %$$$ you will ha e your owned & sic' fair share of trouble in due time!% (urthermore, in a letter addressed to the )$ecuti e Judge, Judge Canda accused Lihaylihay of se eral offenses in iolation of reasonable office rules and regulations and called her %*+,%, %-",+)% and %.#/I#L#0)+#%! 1efore Lihaylihay could e en comment on the letters, the second letter of the judge was published in the 0indanao ,bser er through the re2uest and effort of the respondent judge, as testified by 3ennis 1aguio, a reporter and photographer of the newspaper! 4e ertheless, on her comment, she denied the judge5s allegations and in turn alleged, among others, that Canda wanted Tenefrancia5s position acated because the former5s son was 2ualified for such position, and that she recei ed indecent messages from the judge e en before the present case started! "owe er, this reply was published in the Tingog .eninsula without Lihaylihay5s permission which caused Judge Canda to file libel suit against the former! !SS"# -,4 Judge Canda was liable for gross misconduct $#L% 6es, the Court finds Judge Canda liable for gross misconduct for harassing and publicly humiliating Lihaylihay! "e iolated se eral pro isions of the 4ew Code of Judicial Conduct, to wit7 Sections 8 and 9 of Canon 9, Sections 9 and : of Canon ; and Section : of Canon :! Judges shall conduct themsel es in a way that is consistent with the dignity of the judicial office! They are re2uired to be temperate in their language at all times! they must refrain from inflammatory or ile language! They should be dignified in demeanor and refined in speech, e$hibit that temperament of utmost sobriety and self< restraint, and be considerate, courteous, and ci il to all persons! Judge Canda5s acts of =8> threatening Lihaylihay with her %fair share of trouble in due time%? =9> filing administrati e complaints and a criminal case to harass her? =@> describing her as a %*+,%, %undignified%, etc? =;> publishing such foul remarks in the newspaper are ery unbecoming of a judge! The image of the judiciary is reflected in the conduct of its officials and Judge Canda subjected the judiciary to embarrassment!