Title
Malabed vs. Asis
Case
A.M. No. RTJ-07-2031
Decision Date
Aug 4, 2009
A complaint is filed against Judge Enrique C. Asis for bias and partiality in two civil cases, resulting in a fine of P20,000.00 due to his exhibited bias and partiality, emphasizing the importance of impartiality and fairness in judicial decisions.
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Case Digest (G.R. No. 120715)

Facts:

  • Adelpha E. Malabed filed a complaint against Judge Enrique C. Asis of the Regional Trial Court, Branch 16 in Naval, Biliran.
  • Malabed accused Judge Asis of bias and partiality in two civil cases.
  • Malabed alleged that Judge Asis favored the opposing party's counsel, Atty. Meljohn de la Peña, who had previously represented Judge Asis in administrative complaints.
  • The first civil case involved a complaint for ejectment and damages filed by Malabed against spouses Ruben and Delia Cericos.
  • The Municipal Circuit Trial Court (MCTC) ruled in favor of Malabed, but the Cericos appealed to the RTC where Judge Asis presided.
  • Judge Asis affirmed the MCTC decision, but the Cericos filed a motion for reconsideration, which was denied.
  • Judge Asis granted the Cericos' petition for relief from judgment, stating that Malabed failed to disclose a verbal agreement between her family and the Cericos allowing them to build a house on the disputed land.
  • The Court of Appeals later annulled Judge Asis' orders, finding that the petition for relief was filed out of time and that the alleged verbal agreement was a matter of defense that should have been presented earlier.
  • The second civil case involved a case for recovery of possession filed by Malabed's sister, Perla Haverly, against certain individuals.
  • The MCTC ruled in favor of Haverly, but the defendants appealed to the RTC where Judge Asis presided.
  • Judge Asis reversed the MCTC decision, prompting Malabed to claim that he did so because Atty. de la Peña represented the defendants.
  • The Investigating Justice found that Malabed did not move for Judge Asis' inhibition and that the case was still subject to appeal.

Issue:

  • (Unlock)

Ruling:

  • Judge Asis should be fined in the amount of...(Unlock)

Ratio:

  • The Court found that Judge Asis exhibited bias and partiality in the two civil cases.
  • The Court emphasized that judges should administer justice impartially and without delay, and that their conduct must be beyond reproach.
  • Judge Asis' previous disciplinary record and the frequency of administrative complaints filed against him were considered in determining the appropriate penalty.
  • The Court also took into account ...continue reading

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