Adm. Case No. 133-J - Macariola vs. Asuncion

Plaintiffs Sinforosa R. Bales, Luz R. Bakunawa, Anacorita Reyes, Ruperto Reyes, Adela Reyes and Priscilla Reyes filed a complaint for partition against defendant Bernardita R. Macariola concerning properties of their common father, Francisco Reyes Diaz.
Defendant Macariola claimed (a) Sinforosa was illegitimate, (b) she and the five plaintiffs were the only legal heirs, and (c) the conjugal properties of Francisco and his first wife, Felisa Espiras, should be divided equally, reserving one half to Macariola as Espiras’s heir.

On June 8, 1963, Judge Elias B. Asuncion rendered judgment: adjudicating heirs’ shares, declaring conjugal and separate properties, directing partition, and dismissing other claims. The decision became final for lack of appeal.
On October 16, 1963, parties’ counsels submitted a project of partition (Exh. A), which Judge Asuncion approved on October 23 and amended on November 11, 1963, despite Macariola’s lack of signature, finding counsel authorized.

Lot 1184 (one-half of which was estate property) was subdivided into Lots 1184-A to 1184-E. Lot 1184-E was sold by three heiresses to Dr. Arcadio Galapon on July 31, 1964; TCT No. 2338 issued.
On March 6, 1965, Galapon sold a portion of Lot 1184-E to Judge Asuncion and his wife. On August 31, 1966, spouses Asuncion and spouses Galapon sold their interests in the remainder to Traders Manufacturing and Fishing Industries, Inc. (“Traders”), incorporated January 9, 1967, with Judge Asuncion as president and his wife as secretary; both withdrew January 31, 1967.

On August 6, 1968, Macariola filed an administrative complaint against Judge Asuncion alleging:

Violation of Art. 1491(5), New Civil Code, by purchasing a property subject of his court’s litigation;
Violation of Art. 14, Code of Commerce; Sec. 3(h), RA 3019; Sec. 12, Rule XVIII, Civil Service Rules; Canon 25, Judicial Ethics, by associating with Traders;
Coddling an impostor (Dominador Arigpa Tan) advertising as lawyer;
Culpable defiance of law and ethics.

Macariola also filed CFI Civil Case No. 4234 (Nov. 1968) to annul the partition project and orders; defendants were later dismissed or reduced; case was decided November 2, 1970 by another judge, dismissing her claims and awarding damages against her.

Whether Judge Asuncion violated Art. 1491(5), New Civil Code, by purchasing part of Lot 1184-E that had been in litigation under Civil Case No. 3010.
Whether he breached (a) Art. 14, Code of Commerce; (b) Sec. 3(h), RA 3019; (c) Sec. 12, Rule XVIII, Civil Service Rules; and (d) Canon 25, by holding office and shares in Traders.
Whether he acted improperly by fraternizing with Dominador Arigpa Tan, an unlicensed practitioner, thus disregarding decorum.
Whether his conduct constituted culpable defiance of law and ethics.