Case Summary (A.M. No. 90-7-1159-MTC)
Allegations and Charges
The allegations commenced when Mayor Glinoga wrote to the Supreme Court questioning the legitimacy of a P3,000.00 amount that Judge Virrey collected for a "Judiciary Welfare Fund," in addition to the fines for illegal fishing. No official receipt was issued for the donation, leading to inquiries about its authenticity and implications of whether it was genuinely voluntary. This prompted the Court's request for an explanation from Judge Virrey regarding the charges against him.
Judge Virrey's Defense
In his defense, Judge Virrey characterized the P3,000.00 as a voluntary contribution intended to support the decaying court facilities. He acknowledged using P1,000.00 of that amount for travel expenses related to conducting hearings elsewhere. His claims were scrutinized, as he faced conflicting testimonies from Mayor Glinoga and an overseer, Avelino Bello, who testified that the money was solicited rather than voluntarily given.
Evidence and Investigative Findings
The report stemming from the investigation, which included testimonies and exhibits, highlighted inconsistencies regarding the collection of the P3,000.00. While Judge Virrey maintained that the money was a voluntary donation, witness Avelino Bello refuted this claim, stating that the sum was meant for payment of the fine and no official receipt was provided. Moreover, the investigation revealed the procedural impropriety in soliciting contributions in such a manner.
Judicial Conduct and Ethical Violations
The Court underscored the importance of maintaining ethical standards within the judiciary, referencing the Canons of Judicial Ethics and specifically addressing the conduct expected from judges. Judge Virrey's solicitation was found to violate provisions establishing that judges should avoid even the appearance of impropriety and should not accept gifts from litigants, to uphold public confidence in judicial integrity. The specific references to Canons 1 and 2 of the Code of Judicial Conduct emphasized that a judge's actions must consistently represent a high ethical standard, beyond r
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Case Overview
- The case involves Municipal Judge Benjamin H. Virrey of Polillo, Quezon, who is charged with the unlawful solicitation of donations.
- The complaint was filed by Mayor Rafael C. Glinoga of Pitogo, Quezon, following a criminal case where all twelve accused were found guilty of illegal fishing and fined.
- Judge Virrey imposed an additional charge of P3,000.00 as a “donation” for a “Judiciary Welfare Fund,” which was contested for its legality and lack of official receipt.
Factual Background
- The twelve accused were found guilty under municipal ordinance no. 89-139 and Presidential Decree No. 704, each fined P2,000.00.
- Avelino Bello, the "encargado" of the mayor's fishing boat, reported giving Judge Virrey P5,000.00, which included the contested P3,000.00 donation.
- Mayor Glinoga's inquiry questioned the legitimacy of the P3,000.00 charge, emphasizing that donations should be voluntary and should have an official receipt.
Judge Virrey's Explanation
- In response to the charges, Judge Virrey claimed the P3,000.00 was a voluntary donation motivated by concern for the court's poor facilities.
- He admitted to us