Case Summary (A.M. No. MTJ-01-1355)

1. Case Background

• Complainants: Regino and Conceso Barbarona
• Respondent: Judge Alejandro T. Canda, Municipal Circuit Trial Court of Liloy-Tampilisan, Zamboanga del Norte
• Allegations: The complainants filed an administrative complaint against the respondent judge, accusing him of:
  • Knowingly rendering an unjust judgment
  • Ignorance of the law
  • Incompetence
  • Grave abuse of discretion
  • Grave misconduct

2. Legal Proceedings Overview

• Civil Case No. 356:
  • Involved a dispute regarding the ownership of two parcels of land.
  • Plaintiff: Gerardo Magallanes; Defendants: Hermogenes and Conceso Barbarona (complainants’ father and brother).
  • Magallanes claimed ownership based on purchase from Felipa R. Goria.
  • The Barbaronas asserted tenant status, arguing the court lacked jurisdiction.

3. Judge’s Actions and Decisions

• Initial Motion: The Barbaronas filed a motion to dismiss based on lack of jurisdiction, which was denied by Judge Canda due to lack of proof of service.
• Default Judgment: As the Barbaronas failed to respond within the reglementary period, the judge declared them in default and allowed Magallanes to present his evidence ex parte.
• Judgment: On June 13, 1995, the judge ruled in favor of Magallanes, declaring his titles free from any claims by the Barbaronas and ordering them to pay damages.

4. Appeal and Execution

• Appeals: The Regional Trial Court affirmed the decision; subsequent motions for reconsideration by the Barbaronas were denied.
• Writ of Execution: Issued on November 25, 1996, leading to the sale of a property owned by Hermogenes Barbarona to satisfy the judgment.

5. Allegations by Complainants

• Claims against Judge:
  • Ignorance of P.D. Nos. 316 and 1038 regarding preliminary determination of tenancy relationship.
  • Alleged collusion with the plaintiff to evict the Barbaronas.
  • Accusations of incompetence and inefficiency.
  • Engaging in business activities detrimental to judicial duties.
  • Improper conduct as a notary public, including charging fees.

6. Judge’s Defense

• Denial of Allegations: Respondent Judge Canda refuted all allegations, asserting:
  • The motion to dismiss was defective, justifying default judgment.
  • No evidence of personal interest in the case or of incompetence.
  • His notarial actions complied with legal requirements due to the lack of available notaries in the area.

7. Investigation Outcome

• Referral for Investigation: The Supreme Court referred the case to the Executive Judge for investigation.
• Report Findings: The Executive Judge recommended dismissal for lack of merit, asserting no evidence supported the complainants' claims.

8. Key Legal Principles

• P.D. Nos. 316 and 1038: These laws required judges to ascertain tenancy status before hearing cases; however, they were repealed in 1988 by R.A. No. 6657, making their application in this case unnecessary.
• Notarial Authority: Judges acting as notaries public must adhere to Circular No. 1-90, which limits their notarial activities to official functions and requires remittance of fees to the municipal treasurer.

9. Penalties and Consequences

• Violation of Notarial Guidelines: Judge Canda was found guilty of violating Circular No. 1-90 and was fined P1,000. He was warned against future violations, which would lead to more severe penalties.

Key Takeaways

• The complaint against Judge Canda was largely dismissed due to lack of evidence supporting the claims of misconduct and in

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Case Syllabus (A.M. No. MTJ-01-1355)

Case Background

• This administrative complaint was lodged by Regino and Conceso Barbarona against Judge Alejandro T. Canda, presiding over the Municipal Circuit Trial Court of Liloy-Tampilisan, Zamboanga del Norte.
• The complaint alleges several charges against the judge, including knowingly rendering an unjust judgment, ignorance of the law, incompetence, grave abuse of discretion, and grave misconduct.
• Complainants Regino and Conceso Barbarona are brothers, and their father, Hermogenes Barbarona, was also named as a defendant in a case concerning quieting of title and damages, referenced as Civil Case No. 356.

Parties Involved

• Complainants: Regino and Conceso Barbarona, brothers claiming ownership and rights over certain parcels of land.
• Respondent: Judge Alejandro T. Canda, presiding judge of the Municipal Circuit Trial Court.

Relevant Case Information

• The plaintiff in Civil Case No. 356, Gerardo Magallanes, claimed rightful ownership of two parcels of land, asserting that they were free from tenancy due to prior agreements with tenants.
• The dispute arose from an alleged prevention of Magallanes from utilizing the land by the Barbaronas, who claimed ownership over the bamboo thickets located there.

Proceedings in Civil Case No. 356

• The Barbaronas filed a motion to dismiss the case, citing lack of jurisdiction due to the alleged landlord-tenant relationship.
• The judge denied the motion on May 16, 1995, citing lack of proof of service, which led to the Barbaronas being declared in default.
• Following an ex parte presentation of evidence by Magallanes, the ju

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