Title
Bonjoc vs. Tupas
Case
A.C. No. 600-MJ
Decision Date
Oct 13, 1975
Judge Tupas exonerated; no evidence of abuse or partiality in dismissing criminal case or ruling in civil ejectment case; complaint deemed unfounded.
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Case Digest (A.C. No. 600-MJ)

Facts:

  1. Criminal Case No. 1571 (Malicious Mischief):

    • Complainant, Sofronio G. Bonjoc, filed a criminal case for malicious mischief against Antonio Palma and Pedro Tomas.
    • Respondent, Municipal Judge Mariano C. Tupas, dismissed the case, ruling that the dam alleged to have been destroyed by the accused never existed.
  2. Civil Case No. 140 (Ejectment):

    • Simplicio Belotindos filed an ejectment case against complainant Bonjoc.
    • Respondent Judge Tupas ruled in favor of Belotindos, despite Bonjoc’s claim of possession for over 34 years and the dismissal of a previous action by Belotindos’ predecessor.
    • Bonjoc’s motion to lift the preliminary mandatory injunction was denied, even though he offered to file a bond double the amount of plaintiff’s bond.
  3. Administrative Complaint:

    • Bonjoc accused Judge Tupas of grave abuse of discretion in dismissing the criminal case and manifest partiality in the civil case.
    • The case was referred to Judge E.L. Peralta of the Court of First Instance of Davao for investigation.
  4. Investigation Findings:

    • Judge Peralta recommended exoneration, finding no truth to the charges.
    • In Criminal Case No. 1571, the acquittal was justified as evidence showed the dam did not exist.
    • In Civil Case No. 140, no evidence of partiality or bad faith was found.
    • The report suggested that Bonjoc’s complaint might stem from a persecution complex.

Issue:

  1. Whether respondent Judge Tupas committed grave abuse of discretion in dismissing Criminal Case No. 1571.
  2. Whether respondent Judge Tupas acted with manifest partiality in rendering judgment in Civil Case No. 140.
  3. Whether respondent Judge Tupas improperly denied Bonjoc’s motion to lift the preliminary mandatory injunction.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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