Case Digest (A.M. No. 1893-MJ)
Facts:
In the case of Edgardo S. Cabangon vs. Judge Jaime L. Valena, the complainant, Edgardo S. Cabangon, who served as the Mayor of Calauag, Quezon, filed a verified letter-complaint on March 8, 1978, against Judge Jaime Valena, the Municipal Judge of Calauag. The complaint was addressed to President Ferdinand E. Marcos and subsequently referred to the Supreme Court. Cabangon accused Valena of serious misconduct, specifically falsification of public documents, extortion, and conduct unbecoming of a judge. The allegations were based on two main counts: first, the improper withdrawal of a cash bond amounting to P800.00 in Criminal Case No. 4874, where the judge allegedly falsified the signature of Ang Lo; and second, the solemnization of a marriage between Eliseo Lipnica and Editha Solano without a valid marriage license.
The events unfolded when Mrs. Trinidad Olila, through her husband Ang Lo, posted a cash bond for the provisional release of their son, Angelito Olila, who was a...
Case Digest (A.M. No. 1893-MJ)
Facts:
Background of the Case
- Complainant Edgardo S. Cabangon, Mayor of Calauag, Quezon, filed a verified letter-complaint against respondent Judge Jaime Valena of the Municipal Court of Calauag, Quezon, on March 8, 1978. The complaint was addressed to President Ferdinand E. Marcos and referred to the Supreme Court.
- The charges included falsification of public documents, extortion, and conduct unbecoming of a judge, based on two counts:
- The alleged withdrawal of a cash bond in Criminal Case No. 4874 by falsifying the signature of Ang Lo.
- The alleged solemnization of a marriage between Eliseo Lipnica and Editha Solano without a marriage license.
First Charge: Falsification of Public Documents and Extortion
- Mrs. Trinidad Olila, through her husband Ang Lo, posted a cash bond of P800.00 for the provisional release of her son, Angelito Olila, in Criminal Case No. 4874 for "Less Serious Physical Injuries."
- Respondent Judge issued an order on December 12, 1977, directing the return of the cash bond, claiming it had been replaced by a property bond.
- Complainant alleged that no property bond was filed, and the cash bond was withdrawn by falsifying Ang Lo's signature on a municipal voucher dated December 13, 1977.
- Ang Lo had been out of the Philippines since July 1977, making it impossible for him to sign the voucher.
Second Charge: Solemnization of a Fake Marriage
- Complainant alleged that on October 2, 1971, respondent Judge solemnized a marriage between Eliseo Lipnica and Editha Solano without a marriage license.
- The purpose of the fake marriage was to produce evidence showing that Eliseo Lipnica was not married to Cecilia Magsino, his legal wife, to enable Cecilia to claim benefits under the U.S. Veteran's Law.
Respondent's Defense
- Respondent denied the charges, claiming they were baseless and motivated by complainant's vindictiveness.
- He argued that if the allegations were true, the affected parties (Mrs. Olila and Cecilia Magsino) would have filed sworn statements or taken legal action.
Investigation Findings
- The case was referred to Executive Judge Efren P. Garcia for investigation.
- Judge Garcia found that the cash bond was withdrawn with a falsified signature of Ang Lo, and no property bond was filed at the time of withdrawal.
- The property bond was approved much later, on December 12, 1978, one year after the cash bond was withdrawn.
- Respondent admitted withdrawing the cash bond but denied involvement in preparing the voucher or forging Ang Lo's signature.
- Regarding the marriage charge, no original marriage contract was presented, and the alleged signature of respondent on the xerox copy differed from his actual signature.
- The marriage was never registered, and Eliseo Lipnica denied signing the marriage contract.
Issue:
- Whether respondent Judge Jaime Valena is guilty of falsification of public documents and extortion for withdrawing the cash bond without a valid property bond and falsifying Ang Lo's signature.
- Whether respondent Judge is guilty of solemnizing a fake marriage between Eliseo Lipnica and Editha Solano without a marriage license.
- Whether respondent Judge's actions constitute serious misconduct warranting disciplinary action.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)