A.M. No. RTJ-97-1395. December 22, 1997
PEDRO SAN JUAN, complainant, vs. JUDGE LORE V. BAGALACSA, respondent.
This is a complaint alleging a conduct by respondent judge of the Regional Trial Court in violation of the Code of Judicial Conduct. Complainant is one of the oppositors in Special Proceedings, then pending before respondent Judge Lore V. Bagalacsa's court.
It appears that one of the properties involved in the intestate proceedings was a parcel of land, consisting of 15,141 square meters, which was tenanted by Sergia Pontillas; that on November 27, 1995, the administrator of the intestate estate sold the property under an emancipation patent to Pontillas for P75,705.00, over the objection of the oppositors; and that, on April 10, 1996, Pontillas in turn sold the land to the Newreach Corporation for P1,514,000.00.
Complainant alleges that on June 6, 1996, respondent judge presented for registration to the register of deeds of Camarines Sur the deed of sale executed by Sergia Pontillas in favor of the Newreach Corp.
Complainant accuses respondent judge of showing interest in the sale of property which was subject of litigation in her sala.
Respondent judge explains that she did not know that the property was involved in the intestate proceeding before her, as title was in the name of Pontillas; that she merely assisted the attorney-in-fact of Pontillas, Victoria Pontillas-Motos, because the latter was her personal friend; that it was Motos who actually presented the title to the register of deeds for registration and respondent judge merely helped her since she (respondent) happened to be there on another business. Respondent claims that the clerk of the register of deeds probably thought that the documents were hers. Respondent explains that she went to see the register of deeds, Atty. Teresita B. Aquino, to check the authenticity of certain bailbonds which had been filed in her court; that on the way to the Office of the Register of Deeds, she saw Motos, who asked for her help in registering the emancipation patent; that she then went to see the register of deeds to ask about the bailbonds which she suspected might be spurious and only incidentally about requirements for the registration of emancipation patents; that as she was about to leave the Office of the Register of Deeds, Motos pleaded with her to intercede in her behalf so that she (Motos) could get the title on the same day. It appears that the new title was issued the next day.
In an affidavit submitted in this case, the register of deeds, Atty. Theresita B. Aquino, corroborates respondent judge and claims that, even without the judge's intercession, title to the land would have been issued after one day because all the papers were in order. She denies that release of the title was facilitated by the intercession of the judge.
The fact that respondent judge wrote the note in question, in which she asked that the title be released to Motos because respondent was going to Libmanan that day, suggests that it was really she who had presented the documents for registration. It does not seem that respondent judge merely happened to be in the Office of the Register of Deeds, met a friend who asked for help and only did the friend a good turn. Indeed, if this had been the case, respondent judge could have just introduced friend, Victoria Pontillas-Motos, to the register of deeds and that would have ended the matter. But respondent judge even had to write the note in question obviously to insure the early release of the title. She thus used her office to facilitate the registration of the sale.
Issue: WON respondent judge conduct is improper?
Held:
Canon 2 of the Code of Judicial Conduct enjoins judges to avoid not just impropriety in their conduct but even the mere appearance of impropriety. This is true not only in the performance of their judicial duties but in all their activities, including their private life. They must conduct themselves in such a manner that they give no ground for reproach.
In this case, as Deputy Court Administrator Reynaldo L. Suarez correctly observes, respondent judge's note to the register of deeds, requesting that the issuance of the TCT be expedited, "gives ground for suspicion that she is utilizing the power or prestige of her office to promote the interest of others." Indeed, the clerk of the register of deeds thought it was respondent judge who was the one who was causing the transfer of the emancipation patent.
Respondent judge is hereby REPRIMANDED and WARNED that a repetition of the same will be dealt with more severely.
PEDRO SAN JUAN, complainant, vs. JUDGE LORE V. BAGALACSA, respondent.
This is a complaint alleging a conduct by respondent judge of the Regional Trial Court in violation of the Code of Judicial Conduct. Complainant is one of the oppositors in Special Proceedings, then pending before respondent Judge Lore V. Bagalacsa's court.
It appears that one of the properties involved in the intestate proceedings was a parcel of land, consisting of 15,141 square meters, which was tenanted by Sergia Pontillas; that on November 27, 1995, the administrator of the intestate estate sold the property under an emancipation patent to Pontillas for P75,705.00, over the objection of the oppositors; and that, on April 10, 1996, Pontillas in turn sold the land to the Newreach Corporation for P1,514,000.00.
Complainant alleges that on June 6, 1996, respondent judge presented for registration to the register of deeds of Camarines Sur the deed of sale executed by Sergia Pontillas in favor of the Newreach Corp.
Complainant accuses respondent judge of showing interest in the sale of property which was subject of litigation in her sala.
Respondent judge explains that she did not know that the property was involved in the intestate proceeding before her, as title was in the name of Pontillas; that she merely assisted the attorney-in-fact of Pontillas, Victoria Pontillas-Motos, because the latter was her personal friend; that it was Motos who actually presented the title to the register of deeds for registration and respondent judge merely helped her since she (respondent) happened to be there on another business. Respondent claims that the clerk of the register of deeds probably thought that the documents were hers. Respondent explains that she went to see the register of deeds, Atty. Teresita B. Aquino, to check the authenticity of certain bailbonds which had been filed in her court; that on the way to the Office of the Register of Deeds, she saw Motos, who asked for her help in registering the emancipation patent; that she then went to see the register of deeds to ask about the bailbonds which she suspected might be spurious and only incidentally about requirements for the registration of emancipation patents; that as she was about to leave the Office of the Register of Deeds, Motos pleaded with her to intercede in her behalf so that she (Motos) could get the title on the same day. It appears that the new title was issued the next day.
In an affidavit submitted in this case, the register of deeds, Atty. Theresita B. Aquino, corroborates respondent judge and claims that, even without the judge's intercession, title to the land would have been issued after one day because all the papers were in order. She denies that release of the title was facilitated by the intercession of the judge.
The fact that respondent judge wrote the note in question, in which she asked that the title be released to Motos because respondent was going to Libmanan that day, suggests that it was really she who had presented the documents for registration. It does not seem that respondent judge merely happened to be in the Office of the Register of Deeds, met a friend who asked for help and only did the friend a good turn. Indeed, if this had been the case, respondent judge could have just introduced friend, Victoria Pontillas-Motos, to the register of deeds and that would have ended the matter. But respondent judge even had to write the note in question obviously to insure the early release of the title. She thus used her office to facilitate the registration of the sale.
Issue: WON respondent judge conduct is improper?
Held:
Canon 2 of the Code of Judicial Conduct enjoins judges to avoid not just impropriety in their conduct but even the mere appearance of impropriety. This is true not only in the performance of their judicial duties but in all their activities, including their private life. They must conduct themselves in such a manner that they give no ground for reproach.
In this case, as Deputy Court Administrator Reynaldo L. Suarez correctly observes, respondent judge's note to the register of deeds, requesting that the issuance of the TCT be expedited, "gives ground for suspicion that she is utilizing the power or prestige of her office to promote the interest of others." Indeed, the clerk of the register of deeds thought it was respondent judge who was the one who was causing the transfer of the emancipation patent.
Respondent judge is hereby REPRIMANDED and WARNED that a repetition of the same will be dealt with more severely.
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