Facts:

• Municipal Judge Jose Z. Tan was charged with grave misconduct and abuse of authority by the complainant, Leonardo Babatio, who was the Municipal Mayor of Motiong, Samar.
• The charges against Judge Tan included coercion, unprofessional conduct, and usurping the functions of the Chief of Police.
• The specific charges against Judge Tan were as follows:
  1. Grave Coercion and Unprofessional Conduct for forcing Transito Bermejo to enter the municipal jail without legal basis.
  2. Unprofessional Conduct and Reproachable Personal Behavior for throwing the fish being sold by Fernando Java to the ground.
  3. Partisan Politics for promoting the candidacy of Alfonsa Tan as barangay head.
  4. Unprofessional Conduct and Reproachable Behavior for challenging the mayor to a fist fight and calling him a "tuta" (puppy).
  5. Usurping the functions of the Chief of Police by personally preparing the affidavit of an aggrieved party.
  6. Ordering the arrest without warrant of Guillermo Lagbo, Fernando Tan, and Basilio Lagbo and putting them in jail.
• The case was investigated by Judge Segundo Zosa and later by Judge Wenceslao M. Polo.
• The investigating judge found Judge Tan guilty of grave misconduct on charges 1, 2, 4, 5, and 6, but recommended only a reprimand and admonition against repetition of the same offense.
• Deputy Court Administrator Arturo Buena disagreed with the recommendation and recommended that Judge Tan be separated from the service.

Issue:

• (Unlock)

Ruling:

• Judge Tan should be separated from the...(Unlock)

Ratio:

• The Supreme Court agreed with Deputy Court Administrator Buena's recommendation to separate Judge Tan from the service.
• The Court found that five out of the six charges against Judge Tan were fully substantiated.
• Judge Tan's acts constituted serious misconduct and wanton abuse of authority, which were prejudicial to the judiciary and public interest.
• A judge's official conduct should be free from the appearance of impro...continue reading