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Showing posts with the label competence and diligence

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 a dministrative 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 ...

Case Digest: Yu-Asensi vs Villanueva, A.M. No. MTJ-00-1245 January 19, 2000

                           New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Mr. Antonio Yu-Asensi  filed a letter-complaint against  Judge Francisco D. Villanueva , accusing him of serious misconduct and inefficiency particularly violating the Canons of Judicial Ethics on promptness and punctuality. The complaint was related to a criminal case pending before Judge Villanueva's court, in which Yu-Asensi's son was injured.  Yu-Asensi alleged that Judge Villanueva consistently arrived late for hearings, causing delays and dissatisfaction among litigants, lawyers, and witnesses. Judge Villanueva filed a comment denying the allegations and claiming that Yu-Asensi and his lawyer were harassing him due to adverse rulings. The Court referred the complaint to the Executive Judge of the Regional Trial Court for investigation and report.  The Executive ...

Case Digest: Pantaleon vs Guadiz, AM No. RTJ-00-1525, January 25, 2000

                            New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Attorney Martin D. Pantaleon filed a letter-complaint against Judge Teofilo L. Guadiz, Jr. , accusing him of gross inefficiency, neglect, and unreasonable delay in elevating the records of Civil Case No. 88-2187 to the Court of Appeals. Pantaleon alleged that despite filing a notice of appeal within the reglementary period, the records had not been transmitted to the Court of Appeals for over three years. Judge Guadiz claimed he only learned of the delay upon receiving the complaint and blamed a misplaced transcript for the delay. The Office of the Court Administrator recommended a fine of P2,000 for Judge Guadiz's inefficiency and delay. Judge Guadiz argues that it is the duty of the branch clerk of court  to transmit the records of an appealed case to the appellate court   ...

Case Digest: OCA vs Mendoza, AM NO. 00-1281-MTJ, September 14, 2000

                           New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Secretary of Justice Cuevas indorsed a "hold-departure" order issued by Judge Mendoza to the Court Administrator. The order was issued in violation of Supreme Court Circular No. 39-97. Judge Mendoza claimed the order was based on a formal motion by the prosecutor in response to a request from the victim's sister. The Court Administrator recommended reprimanding Judge Mendoza and warned about future consequences for similar infractions.  Judge Mendoza was reminded of his duty to stay updated with court issuances. Issue: WoN the respondent judge is administratively liable. YES. Held: The recommendation of the Court Administrator is well-taken. Circular No. 39-97 limits the authority to issue hold-departure orders to the Regional Trial Courts in criminal cases within their exclusive jurisdi...

Case Digest: Re: Anonymous Complaints Against Hon. Bandong, AM No RTJ-17-2507, October 9, 2017

Facts: The Office of the Court Administrator received two letters-complaints against Judge Dinah Evangeline B. Bandong of the RTC Lucena City, Branch 59. The first letter-complaint alleged various issues, including Judge Bandong's excessive use of telenovelas and unreasonable demands for salary and allowance checks. The second letter-complaint made similar allegations and mentioned Judge Bandong's preference for Criminal Case Clerk-in-Charge Eduardo Febrer. Another anonymous letter-complaint was received, against Febrer and Court Interpreter Francisco Mendioro, accusing them of misconduct and involvement in schemes for personal gain. The Office of the Court Administrator conducted discreet investigations, and the Executive Judge recommended the dismissal of charges against Febrer and Mendioro but not against Judge Bandong. Judge Bandong denied the charges and criticized the investigation report, insinuating that the Executive Judge might be responsible for the anonymous complai...