Title
Fortun vs. Labang
Case
G.R. No. L-38383
Decision Date
May 27, 1981
Judge Fortun contested a subpoena for alleged gasoline allowance irregularities, claiming procedural violations and harassment. The Supreme Court ruled in his favor, annulling the investigation, citing due process violations, and protecting judicial independence.

Case Summary (G.R. No. L-38383)

Applicable Law

The case revolves around the principles of due process and the procedures governing complaints against judges under Philippine law, including relevant provisions from the Revised Rules of Court and prior rulings, particularly the case of Dimayuga and Fajardo v. Fernandez.

Factual Background

Judge Fortun was accused in a complaint from a member of the bar and a former employee, alleging irregularities concerning his gasoline allowance. Following these accusations, five members of the provincial Integrated Bar's Board of Directors recommended pursuing administrative charges, which were subsequently forwarded to City Fiscal Labang for preliminary investigation. Allegedly, this action was taken without adhering to crucial procedural requirements, including the proper filing of sworn statements as mandated by law.

Procedural Details

On February 16, 1974, City Fiscal Labang issued a subpoena requiring Judge Fortun to respond to the complaint. The service of the subpoena occurred in a courtroom filled with spectators, which raised concerns regarding the breach of confidentiality during judicial proceedings as articulated in Rule 140 of the Revised Rules of Court.

Petition and Allegations of Harassment

In response, Judge Fortun filed a petition contesting the legality of the subpoena and asserting that the charges were driven by harassment from disgruntled members of the bar. His petition highlighted the accusatory history and motivations of those involved, notably the fact that two of the attorneys had lost multiple cases before him, indicating a potential vendetta.

Court's Findings and Ruling

The Court found that the actions undertaken by the City Fiscal and the members of the Integrated Bar exhibited signs of unseemly haste and were devoid of due process principles. The Court emphasized the importance of proper procedure and dismissed the complaint against Judge Fortun, recognizing the necessity to protect the integrity of the judiciary from potentially baseless accusations.

The Court noted that the issuance of the subpoena without following mandated procedural requirements constituted an oppressive exercise of authority and w

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