Case Digest: Vidal vs Dojillo, Am No. MTJ-05-1591, July 14, 2005

                       New Code of Judicial Conduct, Propriety |     Legal Ethics


Facts:

Rodrigo "Jing" N. Vidal filed a complaint against Judge Jaime L. Dojillo, Jr., Presiding Judge of the Municipal Trial Court of Manaoag, Pangasinan.

The complaint alleges misconduct related to an election protest filed by Judge Dojillo's brother against the complainant. Vidal claims that Judge Dojillo actively coached and assisted his brother's counsel during the hearings, raising concerns of partiality.

Judge Dojillo admits his presence during the hearings but denies sitting beside his brother's lawyer, stating his intention was to observe and provide moral support.

The investigation found that although the complainant and his witness saw Judge Dojillo interacting with the lawyer and his brother, they did not hear the conversations or know the content of the notes exchanged. The investigator concluded that the complainant did not object to Judge Dojillo's presence during the hearings, indicating that it did not raise suspicion or influence the court's ruling.

The Office of the Court Administrator recommended dismissing the complaint but advising Judge Dojillo to be more cautious in his actions in the future.


Issue:

WoN the administrative complaint should be dismissed. NO.

Held:

We do not agree with the OCA recommendation.

Respondent, in his defense, stated that he attended the hearing of his brother’s election protest case just to give moral support and, in the process, also observe how election protest proceedings are conducted. Although concern for family members is deeply ingrained in the Filipino culture, respondent, being a judge, should bear in mind that he is also called upon to serve the higher interest of preserving the integrity of the entire judiciary. Canon 2 of the Code of Judicial Conduct requires a judge to avoid not only impropriety but also the mere appearance of impropriety in all activities. 

Even if respondent did not intend to use his position as a judge to influence the outcome of his brother’s election protest, it cannot be denied that his presence in the courtroom during the hearing of his brother’s case would immediately give cause for the community to suspect that his being a colleague in the judiciary would influence the judge trying the case to favor his brother. 

The fact that neither complainant nor his counsel objected to the presence of respondent during the hearing is immaterial. Respondent himself should have refrained from publicly showing his seemingly active interest and participation in the case, for he does not deny that he whispered and passed notes to his brother’s lawyer during the course of the hearing. Thus, we emphasize our ruling in Cañeda vs. Alaan,1 that:

Judges are required not only to be impartial but also to appear to be so, for appearance is an essential manifestation of reality. 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.

They must conduct themselves in such a manner that they give no ground for reproach.

Respondent’s acts have been less than circumspect. He should have kept himself free from any appearance of impropriety and endeavored to distance himself from any act liable to create an impression of indecorum.


Indeed, respondent must always bear in mind that: A judicial office traces a line around his official as well as personal conduct, a price one has to pay for occupying an exalted position in the judiciary, beyond which he may not freely venture. Canon 2 of the Code of Judicial Conduct enjoins a judge to avoid not just impropriety in the performance of judicial duties but in all his activities whether in his public or private life. He must conduct himself in a manner that gives no ground for reproach.


Ruling:

In view of the all the foregoing, Judge Jaime L. Dojillo, Jr., is found GUILTY of violation of Canon 2 of the Code of Judicial Conduct and is hereby REPRIMANDED with a WARNING that a repetition of the same or similar acts would be dealt with more severely.


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