A.M. No. MTJ-98-1169 - City Government of Tagbilaran vs. HontaNo.s, Jr.

The City Government of Tagbilaran, represented by City Administrator Arcadio Sarmiento and Special Counsel Atty. Victor De la Serna, filed an administrative complaint against Judge Agapito Hontanosas, Jr., Presiding Judge of Branch 1, Municipal Trial Court in Cities (MTCC), Tagbilaran City.
The complaint was filed on 29 May 1997 with the Office of the Court Administrator.

The City Government filed criminal cases against Barbara Ong for habitual refusal to pay the correct amount of amusement taxes.
The City requested Judge Hontanosas to inhibit himself from the cases, but he refused.
The City then filed a petition with the Regional Trial Court (RTC) of Tagbilaran to compel his inhibition.
The RTC issued an order advising Judge Hontanosas to relinquish the cases, but he ignored the order and proceeded to render a judgment of acquittal in favor of Barbara Ong and her co-accused.
Barbara Ong is the wife of Frederick Ong, the richest Chinese-Filipino businessman in Bohol.
The complainant alleged that Judge Hontanosas’ actions were a willful defiance of the law and judicial norms, eroding public trust in the judiciary.

The complainant alleged that Judge Hontanosas frequently traveled to Cebu to gamble in casinos and was often seen gambling in cockpits in Tagbilaran and nearby towns.
It was claimed that he visited casinos 3-4 times a week and spent entire nights gambling before returning to Tagbilaran early in the morning.
The complainant also alleged that Judge Hontanosas accepted bribes as low as P500 to P5,000 in exchange for favorable decisions, though no witnesses were willing to testify against him.

Judge Hontanosas denied the allegations of gambling in casinos but admitted to occasionally accompanying his wife to a casino in Cebu, where she played slot machines.
He also admitted to gambling “a little” in cockpits during Sundays and holidays.
He argued that the RTC order advising him to inhibit was unlawful because it lacked due notice and hearing and was issued in connection with a prohibited pleading (petition for certiorari under the Rules on Summary Procedure).
He claimed the complaint was filed out of vengeance by Atty. De la Serna, who was dissatisfied with the acquittal of Barbara Ong in the criminal cases.

The Court docketed the case as a regular administrative matter and asked the parties if they were willing to submit the case for decision based on the pleadings.
Respondent agreed, but Atty. De la Serna and City Administrator Sarmiento withdrew their interest in pursuing the case, stating it would be “futile” to continue.

Whether Judge Hontanosas defied a lawful order of the RTC by refusing to inhibit himself from the criminal cases against Barbara Ong.
Whether Judge Hontanosas violated judicial ethics by gambling in casinos and cockpits.
Whether Atty. Victor De la Serna had the legal authority to file the complaint on behalf of the City Government of Tagbilaran.
Whether Atty. De la Serna’s withdrawal of the complaint and his conduct in filing it constituted misconduct or a violation of the Code of Professional Responsibility.