Case Summary (A.M. No. MTJ-02-1443)

Case Overview

• Parties Involved: Josie Berin and Merly Alorro (Complainants) vs. Judge Felixberto P. Barte (Respondent).
• Court: Municipal Circuit Trial Court (MCTC), Hamtic, Antique.
• Date of Decision: July 31, 2002.

Nature of the Complaint

• Type of Complaint: Grave and serious misconduct.
• Allegations: Complainants allege that Judge Barte solicited their services as real estate agents to facilitate a sale to the Church of Jesus Christ of Latter-Day Saints, agreeing to pay them commissions that were not honored.

Relevant Facts

• Initial Engagement:
  • Respondent judge invited the complainants to assist in finding a vendor for a lot wanted by the Church.
  • Complainants identified Eleanor M. Checa-Santos as the vendor of a 4,000 square meter lot.
  • The agreed sale price was P2.3 million, with a commission of P100,000 each for the complainants upon sale completion.
• Transaction Outcome:
  • After the sale was completed, the judge only paid the complainants P10,000 each, leading to the filing of the complaint.

Respondent's Defense

• Denial of Allegations:
  • Judge Barte claimed he never solicited the complainants and that the sale was already completed by the Church before their involvement.
  • He stated he compensated them for information about the lot, not as commission.

Office of the Court Administrator (OCA) Findings

• Liability Assessment:
  • OCA concurred that the case was not directly related to the judge's official duties.
  • However, it found a violation of Canon 5, Rule 5.02 of the Code of Judicial Conduct for acting as a broker.

Legal Principles Involved

• Canon 5, Rule 5.02 of the Code of Judicial Conduct:

  • Judges must avoid financial and business dealings that could undermine their impartiality or interfere with judicial duties.

• Code of Commerce, Article 14:

  • Prohibits judges from engaging in commerce within their jurisdiction.

Penalties and Consequences

• Findings:
  • Judge Felixberto P. Barte was found guilty of violating Canon 5.02.
• Penalties Imposed:
  • A fine of P2,000.00 was levied.
  • Admonition to exercise discretion in private dealings.
  • Warning against future infractions, which could result in harsher penalties.

Cross-References

• Related Case: The decision also references a pending complaint against Judge Barte for another real estate transaction involving the same church, indicating ongoing scrutiny of his business dealings.

Key Takeaways

• The case underscores the importance of maintaining the integrity and impartiality of judges in their professional and private conduct.
• Judges are prohibited from engaging in commercial activities within their jurisdictions to prevent conflicts of interest and maintain public trust.
• The decision

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Case Syllabus (A.M. No. MTJ-02-1443)

Case Overview

• This case involves a complaint filed by Josie Berin and Merly Alorro against Judge Felixberto P. Barte, Presiding Judge of the Municipal Circuit Trial Court (MCTC) in Hamtic, Antique, for grave and serious misconduct.
• The complaint arises from a real estate transaction related to the sale of a property for the Manila Mission of the Church of Jesus Christ of Latter Day Saints, Inc.

Background of the Complaint

• Complainants Josie Berin and Merly Alorro are real estate agents who were approached by Judge Barte to assist in finding a vendor for a lot in Antique.
• The lot, owned by Eleanor M. Checa-Santos, measures 4,000 square meters and is known as Lot 5555-B, Psd-06-000304, located in Barrio Caridad, Municipality of Now, Hamtic, Antique.
• The complainants allege that upon identifying the vendor, Judge Barte informed them that the Church was willing to pay P2.3 million for the property, agreeing to a commission of P100,000 each for the complainants if the sale was finalized.

Allegations Against Judge Barte

• The complainants sought a written agreement for their commission, which Judge Barte refused, questioning their trust in him.
• Following the consummation of the sale, Judge Barte allegedly provided only P10,000 each to the complainants, despite their demands for the full commission.
• The complainants claim this refusal to pay the agreed commission constitutes misconduct.

Respondent's Defense

• Judge Barte denied the allegations, claiming

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