Facts:

This case involves an administrative complaint against Judge Jose M. Pascual, the Municipal Judge of Lallo, Cagayan, filed on May 31, 1982. The complainants, a group of individuals including Cosme Abiog y Samoy, Domingo Abiog y Samoy, Catalino Abiog y Samoy, Ponciano Abiog y Samoy, and others, alleged that Judge Pascual improperly collected payments from them for survey fees and land titling related to cadastral hearings without issuing proper receipts. In 1979, following complaints from residents in Barangays Binag and Cagoran, a Civic Action Agency, led by Cagayan's Provincial Governor, Teresa J. Dupaya, conducted a dialogue session where these grievances regarding Judge Pascual's conduct were reported. An investigation was subsequently initiated.

The issues arose during hearings for various cadastral lots under Cadastral Case No. N-11-3, of which Judge Pascual was the presiding judge. It was reported that some residents had gathered testimonies corroborating the alle

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Facts:

Background of the Case

• The administrative case involves Judge Jose M. Pascual of the Municipal Court of Lallo, Cagayan.
• He was charged with allegedly collecting varying amounts from several complainants for survey fees and titling of lots without issuing receipts.

Initiation and Investigation

• On May 17, 1979, a Civic Action Agency—headed by then Provincial Governor Teresa J. Dupaya and Lt. Col. Tirso H. Gador—visited Barangay Binag and Cagoran in Lallo, Cagayan following complaints from residents.
• Residents raised concerns that Judge Pascual, along with certain private individuals (e.g., Donato Elizaga and Thelma Sac), had collected payments without receipts during cadastral hearings.
• The Provincial Commander directed Capt. Narciso A. Catalan and his team to investigate the allegations, which resulted in the taking of affidavits from complainants and residents.

Chain of Command and Referral of the Case

• Capt. Narciso A. Catalan submitted his findings to the Provincial Commander.
• The report was then forwarded up the chain: first to Col. Igmedio S. Gardoce (Regional Commander, RECOM 2), who referred the matter to Executive Judge Bonifacio A. Cacdac, Jr. of the Court of First Instance, and later to Judge Napoleon R. Flojo for a formal investigation.
• Judge Flojo conducted an investigation which included interviews and the collection of testimonies from multiple complainants and participants.

Testimonies and Detailed Accounts

• Testimonies were provided by several claimants, including members of the Abiog and de la Cruz families, as well as Bonifacio Metilla and Segundo Jose.
• The Abiog family testified that they had paid a total amount of P4,000.00 for the survey and subdivision of properties inherited from their father, which involved multiple payments for different aspects of the survey (subdivision, relocation, and payment to a third party).
• Cipriano de la Cruz testified regarding the subdivision and payment for his family’s inherited lands (Lots Nos. 321 and 322).
• Bonifacio Metilla testified about his agreement with a private surveyor, Donato Elizaga, for the survey of three lots, which involved partial payment immediately and partial later.
• Segundo Jose testified about the advance payment for the survey of his one-hectare lot.
• Donato Elizaga, a retired Surveyor’s Aide and acting surveyor hired for the purpose, testified that he was contracted by the claimants to conduct surveys and that Judge Pascual was present during the survey operations.
• During the surveys, various amounts were collected in the presence of Judge Pascual, but no receipts were issued for these collections.
• On December 13, 1979, Judge Pascual clarified that the sums collected (P1,750.00, P900.00, and P1,350.00) were for distinct survey-related services, including the survey of a 13-hectare lot, an advance for titling, and a payment to an aggrieved party (Tomas Bermudes).

Nature of the Charge

• Although Judge Pascual asserted that his interventions were related to his authority under the Cadastral Act (Sec. 11 and Sec. 19) and that the payments were strictly for survey services rendered by a duly licensed surveyor, the fact remained that he received money on behalf of other persons without issuing corresponding receipts.
• Such conduct brought into question the appropriateness of his actions, suggesting he acted as a conduit for funds—a role that undermines the integrity of his judicial office.

Issue:

Whether Judge Jose M. Pascual, in his capacity as both Municipal and (at one time) Cadastral Judge, improperly intervened in the survey process by:

• Collecting payments from complainants for survey and titling services.
• Failing to issue receipts for the sums collected during cadastral proceedings.

• Whether the act of collecting such payments, even if remitted to cover survey expenses, constitutes misconduct that demeans the judicial office and violates the ethical standards expected of a judge.

• Whether Judge Pascual’s involvement, including recommending and arranging the use of a private surveyor (Donato Elizaga), adversely affected the integrity and impartiality of the judicial process in cadastral cases.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)