Case Summary (A.M. No. 34-MJ)
Allegations and Responses
The complaint was filed with the Secretary of Justice and subsequently referred to the District Judge of the Court of First Instance of Ifugao. In his response, Judge Cabading denied all material allegations. He described the incident as one where he attempted to hire Carbonell for a transportation service. During their interaction, a dispute led to a physical altercation, which Cabading characterized as an act of self-defense against Carbonell, who he claimed was the aggressor and had attempted to attack him with a metal object.
Investigative Proceedings
Following the filing of the complaint, District Judge Francisco M. Abad conducted hearings to investigate the matter. Carbonell was absent from the initial hearing, with further postponements requested by him for subsequent hearings. A series of reports indicated that Carbonell had not presented evidence or witnesses to support his claims while Judge Cabading and a witness testified in his favor, portraying the event as one born out of a mutual misunderstanding.
Manifestation of Desistance
On April 10, 1973, Remberto Carbonell submitted a "Manifestation of Desistance," indicating a retraction of his complaint. He acknowledged that the injuries sustained were inadvertent and resulted from a misunderstanding, asserting that he had no legitimate cause of action against Judge Cabading and requesting the dismissal of the case.
Court Resolution and Subsequent Findings
Despite Carbonell’s withdrawal, the court chose not to terminate the proceedings but instead sought further investigation into the circumstances surrounding the desistance. A new District Judge, Angel A. Daquigan, later reviewed the matter and concluded that the complaint was rooted in a familial connection between the parties and supported the findings of the prior judge, affirming that Carbonell was the aggressor in the incident.
Conclusion of the Complaint
The Court determined that the evidence presented d
...continue readingCase Syllabus (A.M. No. 34-MJ)
Overview of the Case
- The case involves an administrative complaint for misconduct against Municipal Judge Simplicio Cabading of Lamut, Ifugao, filed by complainant Remberto Carbonell.
- The allegations stem from an incident on September 17, 1972, where it was claimed that Judge Cabading inflicted physical injuries on Carbonell while under the influence of liquor, leading to Carbonell's hospitalization.
Initial Complaint and Investigative Process
- The complaint was initially filed with the Secretary of Justice and subsequently endorsed to the District Judge of the Court of First Instance of Ifugao for investigation.
- Judge Cabading formally denied all allegations in a response dated October 31, 1972, asserting that he was not intoxicated and describing the events that transpired during the incident.
- The complainant, Carbonell, was absent during the first scheduled hearing on November 21, 1972; Judge Cabading presented his version of events instead.
Hearing and Proceedings
- The District Judge, Francisco M. Abad, scheduled additional hearings to allow Carbonell to present his side, but the complain