Facts:

On July 2, 1974, Miguel A. Alviar, a 70-year-old former teacher, school registrar, notary, and municipal secretary, filed a verified complaint against Municipal Judge Serapion A. Guerrero of San Juan, Ilocos Sur. Alviar accused Guerrero of oppression, grave misconduct, abuse of authority, and refusal to perform his official duties. The allegations stemmed from Guerrero's involvement in two theft complaints filed against Eufrosina A. Aquino, Alviar's daughter, which were docketed as Criminal Cases Nos. 1231 and 1272, with Alviar serving as a co-accused in the latter. Alviar believed that Guerrero's actions were driven by vindictiveness due to an earlier civil case from 1969 where Alviar triumphed against Guerrero. Additionally, Alviar claimed that Guerrero notarized a fictitious deed of sale concerning a piece of land and refused to issue certified copies of documents tied to Criminal Case No. 1272. Guerrero fervently denied these charges, asserting that he merely ful

...

Facts:

Parties and Background

• Complainant: Miguel A. Alviar, a septuagenarian and former teacher, school registrar, notary, and municipal secretary.
• Respondent: Serapion A. Guerrero, Municipal Judge of San Juan, Ilocos Sur.
• Historical Context: A long-standing feud exists between Miguel A. Alviar and Judge Guerrero, with their animosity spanning over two decades, largely originating from disputes over the management of an educational institute.

Allegations and Charges

• Alleged Misconduct:
• Oppression, grave misconduct, abuse of authority, and refusal to perform his official duty.
• Collusion with Daniel Alviar in filing two theft complaints against Eufrosina A. Aquino (complainant’s daughter) in Criminal Cases Nos. 1231 and 1272, with Miguel A. Alviar implicated as a co-accused in the second case.
• Collusion in filing an administrative complaint against Mrs. Aquino with the Commission on Elections.
• Additional Imputations:
• Notarization of a fictitious deed of sale of land.
• Failure to issue certified copies of documents from the expediente of Criminal Case No. 1272.

Sequence of Events

• Filing of the Verified Complaint:
• Date of Complaint: July 2, 1974.
• Objectives: Disbarment and dismissal of Judge Guerrero.
• Judge Guerrero’s Response and Defense:
• Denial of all charges with a detailed explanation of his official actions.
• Clarification that the theft cases and the administrative complaint were initiated by Daniel Alviar, who is related to both parties.
• Emphasis on having properly executed his duties by taking cognizance of the pending theft cases and ordering his clerk to provide certified copies of the records.
• Nature of the Dispute:
• Judicial explanation revealing that previous civil and administrative cases, notably the 1969 civil case involving the Lapog (now San Juan) Institute, contributed significantly to the ongoing personal feud.
• Indication that the complaint is largely fueled by personal vendetta, animosity, and a desire to embarrass the respondent rather than genuine instances of judicial malfeasance.

Context of the Dispute

• Personal Animus:
• Miguel A. Alviar’s history of litigating against the Institute, with Judge Guerrero representing opposing interests.
• Long-standing bitterness following losses in both civil and administrative cases.
• Judicial Status of the Respondent:
• Judge Guerrero was nearing retirement (having turned seventy on November 13, 1974), which further contextualizes the complaint’s timing.
• The disciplinary matters raised would not impede his retirement privileges, even if substantiated.

Issue:

Validity of the Complaint

• Whether the allegations of oppression, grave misconduct, abuse of authority, and refusal to perform office constitute sufficient grounds for disbarment and dismissal of a sitting judge.
• The extent to which personal vendetta and long-standing enmity influence the merit of the complaints filed by Miguel A. Alviar.

Examination of Specific Allegations

• Whether Judge Guerrero’s actions in notarizing a deed of sale and handling of theft and administrative complaints, despite personal acrimony, fall within the scope of his official judicial duties.
• Whether the alleged failure to provide certified copies of documents from Criminal Case No. 1272 constitutes a breach of duty warranting administrative investigation.

Evidentiary Basis

• Whether the evidence presented, largely characterized by suspicion and conjecture, is sufficient to overcome the juris tantum presumption that Judge Guerrero performed his duties appropriately.
• The role of corroborative evidence (or lack thereof) in establishing a prima facie case against the respondent.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)