SISON-BARIAS v.
JUDGE MARINO RUBIA Complainant alleged that Judge Rubia refused to issue orders that
FACTS:
Emelie Sison-Barias involved in 3 cases pending before the sala
of respondent Judge Rubia
Intestate proceeding
o Sison-Barias filed a petition for letters of
administration over the intestate estate of her
husband, Ramon A. Barias
o Opposed by her mother in law, Romelias Barias
Guardianship proceeding over Romelias Barias
o Evelyn Tanael, guardian appointed b the court,
submitted property inventory report
Included not only the properties of Romelias
Barias but also properties forming part of the
estate of complainants late husband
Civil action for annulment of contracts and reconveyance of real
properties filed by Romelias Barias, represented by Evelyn Tanael,
against complainant
In all cases, a parcel of land and part of the estate of
complainants husband were involved
Sison-Barias alleged that there was delay in the publication of
the notice in the petition for issuance of letters
Complainant met with respondent Pecaa and informed her of
the delay in the publication of notice She asked Pecaa to check
the status of the publication of the notice and inform her as soon
as any development takes place in the case
Pecaa asked Sison-Barias to meet her again at her house and
then informed Sison-Barias that she could no longer assist her
since respondent Judge Rubia had already given
administration of the properties to Evelyn Tanael
March 2010 Complainant and Respondents met
o Respondents allegedly asked Sison-Barias inappropriate
questions Whether she was still connected with PAL
o Sison-Barias informed that respondent knew of this fact
throught Atty Zarate, counsel of Romelias Barias
o Also asked her involvement with another man
Details where never discussed in the pleadings or in the course of
the trial
June 2010 Motion for consolidation copy was personally handed
to counsel of Sison-Barias hearing was set 3 days later
o Judge Rubia did not even consider the comment to the
motion for consolidation filed by her counsel
o Complainant alleged that main issues of the special
proceedings were consolidated with matters that
were properly the subject of a separate civil action
would allow her to comply with her duties as special admin of her
late husbands estate ; refused to grant request for subpoena to
compel Evelyn Tanael to produce documents showing accrual of
rentals
Complainant enumerated occasions that alleged manifest
partiality
Sept 2010 Complainant moved for Judge Rubias inhibition
o Denied
Nov 2010 Sison-Barias filed a complaint before the OCA
o Charged Judge Rubia for conduct unbecoming of a judge
partiality, gross ignorance of law or procedure,
incompetence and gross misconduct
In her comment, Pecana claimed that the dinner meeting was
merely a chance encounter
Judge Rubia claimed that the alleged meeting with complainant
was merely a chance encounter
o Denied any pre-arranged dinner meeting
HURTADO V. JUDALENA & HON. GONONG
FACTS:
Judalena filed a complaint against Hurtado before the CFI of
Ilocos Norte
o Substance of the complaint: Judalena sold a portion of her
parcel of land to Hurtado
With the condition that the latter shall cause a
subdivision survey of the portion sold
In order to segregate said portion from the bigger
portion
After which Hurtado shall construct a concrete
fence between the two lots
Hurtado contrary to agreement built a concrete fence much
beyond the portion sold and started construction of a house on
the encroached portion
Judalena prayed for a writ of preliminary injnmction to restrain
Hurtado from construction
Hurtado filed answer, denying the claim of Judalena; claiming
that they are the owners of the property on which they are
constructing the house
April 1975 Judge Arsenio Gonong, despite his close relationship
with Judalena issued an order, ex-parte, directing the issuance of
a writ of preliminary injunction upon the filing of a bond in the
amount of 1K
o Judalena filed bond, writ issued
 The next day respondent judge issued an order voluntary
disqualifying himself from hearing the case in view of his
close relationship to the plaintif
o Directed transmittal of records of the case to incumbent
Executive Judge for proper assignment
Hurtado filed a motion for dissolution of the writ of
preliminary injunction in order to preserve the status quo until
the designation of another judge with a prayer that the judge
hear the motion to give him an opportunity to rectify the mistake
he had committed in taking cognizance of the case
o Denied
Hence instant petition
ISSUE: W/N a temporary restraining order to stop the respondent judge
from enforcing his orders must be issued
HELD:
YES!
Sec. 1 of Rule 137 enumerates the cases in which any judge or
judicial officer is disqualified from acting as such
o Expressly prohibits a judge or judicial officer from sitting
in a case where he is related to either party within the
6thcivil degree of consanguinity or affinity
o MANDATORY
In case at bar, respondent judge is the brother of respondent
Judalena
Despite the prohibition, respondent judge took cognizance of the
case
o Issued an order directing the issuance of a writ of
preliminary injunction
o After which, he inhibited himself from sitting on the case
for the same reasons
Such action is reprehensible and erodes the all important
confidence in the impartiality of the judiciary
Writ is granted
PADILLA V. HON. ZANTUA
FACTS:
Mayor Padilla of Jose Panganiban, Camarines Norte charges
respondent Judge Zantua of the MTC with Serious irregularities
and grave misconduct in the performance of his official
duties for:
o Failure to decide cases within the prescribed period
o Unreasonable delay in the disposition of cases which
have been prejudicial to litigants
o Manifest partiality in favor of a litigant
o Fraternitizing with lawyers who have pending cases in his
sala
Mayor Padilla alleges that in certain criminal cases, the opposing
counsel Atty. Schneider is always seen eating and drinking an in
constant company of respondent Judge in establishments in Jose
Panganiban, Camarines Norte
o Complains that these cases have been pending since
1991
o Some have not been tried
o Peoples confidence in the judiciary is being eroded
because of delays in the disposition of cases and the
perceived partiality
Judge Zantua denied accusations against him and commented
that
That Criminal Case for grave coercion and grave threats had
been lagging for more than 2 years because of the numerous
postponements of both the prosecution and the defense;
The case of Borja v. Mendoza that Atty. Schneider has never been
a counsel in this case
That the Criminal Case for highgrading wherein Mayor Padilla
claims that no hearing has been conducted
o Records of the case will bear that a hearing had actually
been conducted.
In Civil Case for forcible entry wherein Mayor Padilla complains
that it was decided without a hearing, respondent Judge
maintains that the case was tried pursuant Rule on Summary
Procedure
The delay in Criminal Case No. 5908 according to respondent
Judge, was caused by the frequent postponements and non-
appearance of the private prosecutor and/or defense counsel
In Criminal Case No. 5998 respondent Judge claims that the delay
was due to numerous postponements but explains that the
accused has already been arraigned and the last witness is to be
presented by the prosecution.
Respondent Judge denies that he is fraternizing with lawyers with
pending cases in his sala
o The case of Atty. Schneider, he is the only lawyer in the
Municipality of Jose Panganiban
o It is but natural for respondent Judge to be friendly with
him but maintains that their friendship has never been a
hindrance to the proper disposition of the cases in his
sala
Respondent judge attributes the filing of the instant complaint
against him to local politics
Case referred to the Office of the Court Administrator for
evaluation, report and recommendation
 o Recommended dismissal of charges for failure to decide
cases within the prescribed period
ISSUE: W/N the action against respondent judge should be dismissed
HELD:
YES!
Complainant failed to specifically cite any of the cases referred to
in the complaint
Delay in the disposition of cases was not entirely the fault of
respondent Judge
o However, respondent should be reminded of the directive
in Circular 1-89 requiring all courts to conduct a
mandatory continuous trial which is to be terminated
within 90 days
As regards manifest partiality
Judge does not deny his close friendship with Atty Schneider
While it is true that Atty Schneider has a pending case in his sala,
Atty. Schneider lost theses cases
Court cannot fully countenance the view of Judge Zantua
constant company with a lawyer tends to breed intimacy and
camaraderie to the point that favors in the future may be asked
o May well arouse suspicion in the public mind
A judge should behave well at all times as to inspire public
confidence in the integrity and impartiality of the judiciary
A judge must avoid all impropriety and the appearance thereof. Being the
subject of constant public scrutiny, a judge should freely and willingly
accept restrictions on conduct that might be viewed as burdensome by
the ordinary citizen
Judge ADMONISHED
TAN V. ROSETE
FACTS:
Lucila Tan filed an instant complaint against Judge Maxwel Rosete
for violation of Rule 140 of the Revised Rules of Court and Corrupt
Practices Act
o Complaint alleged that Lucila Tan was the private
complainant in 2 Criminal Cases both entitled People V
Alfonso Pe Sy
Before the cases were decided, respondent judge allegedly sent a
member of his staff to talk to complainant
The staff member told complainant Tan that Judge Rosete was
asking for P150,000.00 in exchange for the non-dismissal of the
cases.
She was shown copies of respondent judges decision in the
criminal cases, both still unsigned, dismissing the complaints
against the accused.
She was told that respondent judge would reverse the disposition
of the cases as soon as she remits the amount demanded.
Complainant, however, did not accede to respondents demand
because she believed that she had a very strong case, well
supported by evidence.
The criminal cases were eventually dismissed by respondent
judge
Respondent judge denied the allegations of complainant
o Stated that it was complainant who attempted to bribe
him in exchange for a favorable decision
o Complainant sought the intervention of San Juan Mayor
Jinggoy Estrada to obtain judgment in her favor
o Mayor Estrada allegedly talked to him several times to
ask him to help the complainant
Case was to the executive judge for investigation, report &
recommendation
ISSUE: Which among the evidence presented is more credible
HELD
Complainants version of testimony more trustworthy
o Testified with clarity and full detail
o Was able to present the unsigned copy of the draft
decision
Respondents evidence did not overcome the facts proved by the
complainant
o Testimonies of respondents witnesses contradicted each
other
o Judge has not been very candid with the Court as regards
the date when he went to New Zealand and when he
came back to the PH
We have repeatedly admonished our judges to adhere to the
highest tenets of judicial conduct.
o They must be the embodiment of competence,
integrity and independence.
The exacting standards of conduct demanded from judges are
designed to promote public confidence in the integrity and
impartiality of the judiciary because the peoples confidence in
the judicial system is founded not only on the magnitude of legal
knowledge and the diligence of the members of the bench, but
also on the highest standard of integrity and moral uprightness
they are expected to possess.
When the judge himself becomes the transgressor of any law
which he is sworn to apply, he places his office in disrepute,
 encourages disrespect for the law and impairs public confidence
in the integrity and impartiality of the judiciary itself.
It is therefore paramount that a judges personal behavior both in
the performance of his duties and his daily life, be free from any
appearance of impropriety as to be beyond reproach.
Respondents act of sending a member of his staff to talk with
complainant and show copies of his draft decisions, and his act of
meeting with litigants outside the office premises beyond office
hours violate the standard of judicial conduct required to be
observed by members of the Bench.
They constitute gross misconduct which is punishable under Rule
140 of the Revised Rules of Court
Judge Rosete suspended from office without benefits for 4 months
RE: Report of Acting Presiding Judge Wildredo Herico on Missing Cash
Bonds/ Re: Financial Audit on the Cash Accounts of Messrs. Rolando B.
Saa & Benjamin Sevilla
FACTS:
Feb 1999 Judge Alba of MTC of Mercedes, Camarines Norte
applied for optional retirement
o Court approved application
o Held in abeyance the payment of his retirement benefits
Subject to whatever penalties the Court may
impose relative to another administrative case
against him
Subject further to the availability of funds & usual
clearance requirements
June 1999 Judge Herico of Talisay: designated as the Acting
Presiding Judge of the MTC of Vinzons and the MCTC of Sta Elena,
Camarines Norte
Sept 1999 Judge Herico informed the Office of the Court Admin
(OCA) that there were missing cash bonds in 2 pending criminal
cases
In a memorandum to the Court, OCA recommended that Judge
Alba be required to submit his comment on the letter-complaint
of Judge Herico & that his retirement benefits be withheld
Feb 2000 the Court issued a resolution directing Judge Alba to
explain within 10 days from notice regarding the missing cash
bonds in the 2 criminal cases and withholding payment of his
retirement benefits pending the outcome of this present case
o Judge Alba sought the dismissal of the case against him &
requested the release of his retirement benefits
o Reiterated that he had nothing to do with the missing
cash bonds, trust funds & other payments made by party-
litigants
October 2000 OCA recommendation:
o Prayer of Judge Alba to dismiss the present matter and
release his retirement benefits be denied
o Matter be referred to RTC of Daet, Camarines N. for
investigation, report & recommendation within 60 days
from receipt of records
Court denied request for dismissal of the case & referred matter
to the Executive Judge of RTC of Daet
o Recommended that Judge Alba be allowed to receive his
retirement benefits no clear evidence that it was Judge
Alba received the amount; there is insufficient factual
basis
o No additional evidence was submitted by Judge Herico to
strengthen the complaint against Judge Alba in the 2
missing cash bonds
o Respectfully recommended that Judge Alba be
allowed to receive his retirement benefits unless
he is charged in some other administrative
complaint
A.M. No. 00-11-260 MCTC
FACTS
An administrative case was filed against 2 court personnel, Saa
and Sevilla pursuant to a financial audit on the cash accounts of
MCTC CapalongaSta Elena, Camarines Norte
o Consolidated with above case
It was recommended that the salary of SAA be withheld for non-
submission of Fiduciary Fund Reports of Collections, Deposits,
Withdrawals and Disburements
o Salary checks of Sevilla be returned to the Cash
Disbursements Division for being AWOL
In a Memorandum of the Court, as per financial audit conducted:
o Saa (Clerk of Cour)t and Sevilla (Officer in charge) had no
cash shortage or liabilities
o Isabel Liwag had shortages for the Judiciary Development
Fun and for the Fiduciary Fund
Recommendation of OCA
o Judge Edgar M. Alba be:
Found GUILTY of gross negligence for his failure to
Exercise diligence in approving the resignation of
Court Interpreter Isabel Liwag and
In clearing her from all money and property
accountabilities even when the financial
audit shows that Ms. Liwag had incurred
shortages of P42,237.20 pertaining to the
Judiciary Development Fund (JDF) and
P56,400.00 in the Fiduciary Fund during her
 incumbency as Officer-in-Charge thereat,
and
Directed to RESTITUTE the said shortages;
o Rolando B. Saa, be ADMONISHED to be more diligent in
the performance of his duties as Clerk of Court of MCTC
Capalonga-Sta. Elena, Camarines Norte;
o P30,000.00 out of the P56,400.00 from the Fiduciary Fund
that may be restituted be DEPOSITED with the Land Bank
of the Philippines to answer for any claim pertaining to
the bonds in Criminal Cases Nos. 750 and 812; and
o The Financial Management Office (FMO), Office of the
Court Administrator be directed to:
DEDUCT the amounts of shortages mentioned
from the retirement benefits of Judge Alba to
answer for the shortages/accountabilities of Ms.
Liwag, and
RELEASE the balance of the retirement benefits of
Judge Alba provided no other legal impediment
arises that would warrant the continuous
withholding of the same
Court finds the recommendation of the OCA in the consolidated
cases to be well-taken
HELD:
While no direct documentary or testimonial evidence will
establish the fact that Judge Alba took, received, collected,
misappropriated, or in any way handled the missing cash bonds
o Due diligence dictates that as Acting Judge of the
MCTC he should have taken the necessary steps to
ensure that the correct procedure in the
collections and deposits of court funds were
dutifully carried out before he retired
o He should have prepared an inventory of the cases, both
active and archived effective docket control
In so doing, Judge Alba would have discovered the missing cash
bonds in the 2 pending criminal cases before issuing a
certification of clearing Liwag of all cash and property
accountabilities
The Court agrees with the finding of the OCA that by clearing
Liwag of from all accountabilities, Judge Alba should be made to
assume the responsibility of restituting the shortages incurred by
her
o He may be held administratively accountable for the
negligence and inefficiency committed during his
incumbency
o Restitution of the amount lost may be deducted from his
retirement pay and benefits
For the orderly administration of justice, trial court Judges are
bound to keep a record of the proceedings in their respective
courts to ensure proper, systematic and efficient management of
their court dockets
o Circulars of this Court shall be strictly complied with to
protect the safekeeping of funds & collections & to
establish full accountability of government funds
Finally, Saa Admonished
o As administrative officer, he should have brought to the
attention of the OCA any irregularity in the designation of
duties and functions within the court even if the same
was by the authority of Judge Albas designation of Liwag
In Re: REPORT ON THE JUDICIAL & FINANCIAL AUDIT CONDUCTED IN THE
TC IN CITIES, KORONADAL CITY
FACTS:
The administration of justice is circumscribed with a heavy
burden of responsibility; it requires everyone involved in its
dispensation to live up to the strictest standards of competence,
integrity & diligence in the public service
Admin case stems from the Judicial and Financial Audit conducted
in the MTCC of Koronadal City by an audit team of the OCA
Judge Sardido assumed office in May 1988
Maxima Borja clerk of court in Feb 2002
o Had been employed since 1987 as clerk II & stenographer
o Normandie Ines, compulsory retired (former clerk of
court)
Audit team found that:
o Judge Sardido had allowed Rufino Vargas (non-employee
of the court) to discharge duties & functions of a court
interpreter without the approval of the OCA
o Judge Sardido usually arrived late for work, court sessions
were usually scheduled only in the afternoons
o 32 civil and 43 criminal cases remained undecided
beyond 90 day period
o Court failed to collect filing fees in estafa & BP 22 cases
o A number of cash bonds amounting to P460,200 were
posted with the court without being officially receipted
o Ines appropriated funds for unauthorized purposes
Funds were lent to court personnel
Judge himself that he borrowed money from the
fund
o As a result of misappropriation, cash bonds could not be
released despite orders by the RTCs
o No collections for Judiciary Development Fund were
recorded from 1989-1991
o 2001-2002: Borja over-remitted to the JDF
 o Ines incurred a shortage of 89K in the Clerk of Court
General Fund
o JDF deposits not confirmed by Land Bank
In explanation, Ines denies using court funds for the benefit of his
colleagues
o Because the funds were not in his possession, he could
not be guilty for the charges against him
Also denied failing to issue receipts for the cash bonds being on
leave at that time; denied knowing that personnel borrowed
money from the funds
Borja unaware of new filing fee rates; used old one
HELD:
Judge Sardidio
Judge presiding over a branch of a court is the head of that
branch he should have served as an example to the court
employees working under him
He should have been more efficient in dividing his time among
his assignments, devised a schedule to be followed in all four
courts and informed the staff of that schedule
Failure of judges to decide cases gross inefficiency warrants
imposition of administrative sanctions
He showed gross ignorance when he accepted BP 22 cases
despite knowing the fact that the corresponding filing fees have
not yet been collected
Also admitted ignorance in allowing Rufino Vargas to assume the
vacant position of court stenographer
For misappropriating funds he must be charged with grave
misconduct
The Court has emphasized that the judge is the visible
representation of the law and more importantly of justice. It is
from him that people draw their will and awareness to obey the
law
The foregoing facts show that Judge Sardido has not only
miserable failed to present himself as an example to his staff and
to others
o It also shown no compunction in violating the law
His dishonesty, gross misconduct, and gross ignorance of the law
tarnish the image of the judiciary and would have warranted
maximum penalty of dismissal
Normandie Ines
The Court has categorically stated that the practice of
appropriating funds for unauthorized expenses is fraught with
danger and should not be indulged in by any public officer
Clerks of court perform a delicate function as designated
custodians of the courts funds. Revenues, records, properties
and premises
o As such they are generally regarded as treasurer,
accountant, guard and physical plant manager thereof
They are liable for any loss, shortage, destruction or impairment
of such funds & property
Clerk of Court Maxima Borja
Partly responsible for the courts erroneous practice as regards
collection of filing fees
Borja should have ensured compliance with proper procedure
o Was also remiss in the custody of exhibits
Persons not authorized to receive them were
found to have done so and kept those items in
their custody
Pablito Pendilla
Should be held liable for taking into his custody a 9mm caliber
gun
He claims that he was merely instructed by the judge to get the
gun from the Office of the Provincial Police
Judge Sardido- Guilty of dishonest, grave misconduct, gross ignorance of
the law
Normandie Ines- Dishonesty and grave misconduct
Borja & Padilla Simple neglect of duty