Case Digest: Mendoza vs Judge Diasen Jr, AM No. MTJ-17-1900, August 9, 2017

                          New Code of Judicial Conduct, Competence and diligence |     Legal Ethics


Facts:

Arnel G. Mendoza filed an administrative case charging Acting Presiding Judge Marcos C. Diasen, Jr. with violation of the Code of Judicial Conduct. Mendoza alleges that he met Judge Diasen through Cristy Flores and that Judge Diasen hired his services to go to San Pedro and Sta. Rosa, Laguna.

Mendoza claims that Judge Diasen asked him to assist Flores in looking for a rice retailer and gave them a check to pay for 50 sacks of rice, which was later increased to 70 sacks.

Mendoza claims that a check issued by Judge Diasen for the rice was dishonored, leading to payment demands from the rice supplier. Mendoza tried to inform Flores and Judge Diasen but was unable to reach them. 

Judge Diasen denies personally knowing Mendoza and claims that he lent money to Flores to sell rice to Makati City Hall employees. Judge Diasen issued a post-dated check for the rice, but Flores did not deliver the rice as promised.

Makati City Executive Judge recommended dismissal of the complaint due to insufficient evidence, but the Office of the Court Administrator recommended finding Judge Diasen guilty of conduct unbecoming a judge.

The Office of the Court Administrator found that despite the unsubstantiated allegation that Judge Diasen issued a bouncing check, Judge Diasen had admitted that he would have profited from the sales of rice had it been delivered. 


Issue:

WoN the respondent judge is administratively liable. YES.


Held:

This Court adopts the findings of fact and conclusions of law of the Office of the Court Administrator. The Code of Judicial Conduct instructs that judges "should avoid impropriety and the appearance of impropriety in all activities." Judges must at all times conduct themselves in a manner beyond reproach to ensure the public's continued confidence in the judiciary.

Under Canon 5, Rule 5.02:

Rule 5.02. - A judge shall refrain from financial and business dealings that tend to reflect adversely on the court's impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.

The restriction enshrined under Rules 5.02 and 5.03 of the Code of Judicial Ethics on judges with regard to their own business interests is based on the possible interference which may be created by these business involvements in the exercise of their judicial duties which may tend to corrode the respect and dignity of the courts as the bastion of justice. Judges must not allow themselves to be distracted from the performance of their judicial tasks by other lawful enterprises. It has been a time-honored rule that judges and all court employees should endeavor to maintain at all times the confidence and high respect accorded to those who wield the gavel of justice.

Judge Diasen's act of attempting to sell rice to his employees and to employees of other branches was highly improper. As a judge, he exercised moral ascendancy and supervision over these employees. If the sale had pushed through, he would have profited from his position. As the Office of the Court Administrator observed:

[Judge Diasen] cannot also deny that his position did not influence the "would-be buyers" to actually partake in the sale of rice. If employees of the other court branches and offices of the Makati City Hall could be persuaded to buy the subject rice because a judge asked them to, what more with the employees of his own branch[?]


Ruling:

WHEREFORE, respondent Hon. Marcos C. Diasen, Jr., former Acting Presiding Judge, Metropolitan Trial Court, Branch 62, Makati City is found GUILTY of conduct unbecoming a judge and is hereby FINED the amount of P5,000.00.

The 1st Indorsement dated July 4, 2017 of Deputy Court Administrator Thelma C. Bahia and letter dated May 18, 2017 of Hon. Marcos C. Diasen, Jr. are NOTED.


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