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
Case Digest (G.R. No. 120715)
Facts:
The case involves a complaint filed against Judge Enrique C. Asis for bias and partiality in two civil cases. The complainant, Adelpha E. Malabed, accused the judge of violating Rule 1.02, Canon I of the Code of Judicial Conduct for exhibiting bias and partiality in Civil Case No. B-1016. In this case, Malabed acquired a parcel of land from her brother and informed the defendants, spouses Ruben and Delia Cericos, of her intention to use the land. However, the Cericos refused to vacate the premises, leading Malabed to file a civil case for ejectment and damages. The Municipal Circuit Trial Court (MCTC) ruled in favor of Malabed, but the Cericos appealed to the Regional Trial Court (RTC) where Judge Asis presided. Judge Asis affirmed the MCTC decision, but later granted the Cericos' petition for relief from judgment based on an alleged verbal agreement between the parties. The Court of Appeals (C...