Case Digest (A.M. No. RTJ-00-1590)
Facts:
This case revolved around a complaint filed by Gina B. Ang against Judge Enrique B. Asis, the Presiding Judge of the Regional Trial Court, Branch 16, in Naval, Biliran. The complaint was formally lodged through a Complaint-Affidavit dated April 7, 2000, with the Office of the Court Administrator. Gina B. Ang was involved in an election protest against her opponent, Caridad Atok, who had been declared the mayor of Kawayan, Biliran following the May 1998 elections. As the election protest was still pending in October 1998, Judge Asis allegedly intimated to Ang’s lawyers that he could decide the case in her favor for monetary compensation. Following these intimations, without Gina’s knowledge, her father purportedly delivered a total of ₱140,000 to Judge Asis on three separate occasions across October 1998, January 1999, and April 1999.
In December 1998, Ang learned from her lawyers that Judge Asis had requested assistance for the promotion of his brother at the Bureau of Customs,
Case Digest (A.M. No. RTJ-00-1590)
Facts:
Election Protest and Bribery Allegations: Gina B. Ang filed an election protest against Caridad Atok, who was declared mayor of Kawayan, Biliran, in the May 1998 elections. During the pendency of the case, Judge Enrique C. Asis allegedly intimated to Ang’s lawyers that he would decide the case in her favor in exchange for monetary consideration. Without Ang’s knowledge, her father delivered a total of P140,000.00 to Judge Asis on three occasions in October 1998, January 1999, and April 1999.Promotion and Training Requests: Judge Asis allegedly sought Ang’s assistance in promoting his brother, an Examiner II at the Bureau of Customs, through Ang’s cousin, Atty. Ramon Salazar, Jr., who was the Chief of Staff of the Customs Commissioner. Ang refused, but her family facilitated the promotion. Judge Asis also allegedly requested Ang’s help in securing training for his son, a registered nurse, at the Philippine Heart Center. Ang reluctantly assisted by paying for the son’s plane fare and accommodation.
Decision in the Election Case: On March 14, 2000, Judge Asis rendered a decision in favor of Caridad Atok, dismissing Ang’s election protest. Ang filed a complaint against Judge Asis for bribery, extortion, and violation of the Anti-Graft and Corrupt Practices Act, as well as for his failure to decide the case within the prescribed period.
Judge Asis’s Defense: Judge Asis denied all allegations, stating that he had never solicited money or favors from Ang. He claimed that his brother’s promotion was facilitated by Mayor Jinggoy Estrada and not through Ang’s cousin. He also asserted that his son’s application to the Philippine Heart Center was independent, and the P4,000.00 check from Ang’s friend was unsolicited.
Issues:
- Whether Judge Enrique C. Asis is guilty of bribery, extortion, and violation of the Anti-Graft and Corrupt Practices Act.
- Whether Judge Asis is administratively liable for the delay in resolving the election protest.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)