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Showing posts with the label propriety

Case Digest: De Castro vs Capulong, AM NO. 2739- CFI, November 2, 1982

                         New Code of Judicial Conduct, Propriety |     Legal Ethics Facts: An administrative complaint was filed by Teresita de Castro  against Hon. Ignacio Capulong , Presiding Judge of the Court of First Instance of Pampanga, for serious misconduct and illegal practice of law.  Basilio and Iluminosa de Castro owned  s ix parcels of land   mortgaged to Development Bank of the Philippines (DBP) which later foreclosed.  Basilio de Castro offered to repurchase the properties from DBP.  DBP approved the offer, requiring a down payment and balance payable within five years. Basilio de Castro executed a "Deed of Waiver of Rights" waiving his rights to repurchase the property in favor of the Villena spouses.  Villenas made an additional deposit to repurchase the properties, but complainant Teresita de Castro  discovered the transaction and sought to revoke th...

Case Digest: Dionisio vs Escano, AM NO. RTJ 98-1400, February 1, 1999

                         New Code of Judicial Conduct, Propriety |     Legal Ethics Facts: Carlos Dionisio accuses Judge Zosimo Escano of using court facilities to advertise for attractive waitresses and personnel for a restaurant business. The following week, an  advertisement for waitresses and female vocalists appeared in the Manila Bulletin, indicating Fontana Café & Restaurant as the hiring establishment with contact details addressed to his RTC branch.  An undercover investigation by ABS-CBN's "Hoy Gising!" revealed that Judge Escano admitted to owning the establishment and described its concept, targeting classes A and B customers and emphasizing physical attractiveness. He mentioned the employment of waitresses wearing mini-skirts and having slightly revealing attire. He acknowledged the presence of customers known as "DOM" (Dirty Old Men) and discussed the need for singers t...

Case Digest: OCA vs Usman, AM No. SCC-08-21, October 19, 2011

                             New Code of Judicial Conduct, Propriety |      Legal  Ethics Facts: An administrative proceeding was initiated from a letter-complaint requesting a lifestyle check on Judge Uyag P. Usman. Complaint alleges Judge Usman acquired a brand new SUV worth ₱1,526,000.00 and paid in cash for the down payment.  Complainant raises concerns about Judge Usman's irregular attendance at work and his limited income due to loans. Judge Usman explains that the vehicle was second-hand, acquired through a promotional offer, and paid for by his mother.  He denies supporting all seven of his children and asserts that only three are under his care.  Judge Usman refutes claims of absenteeism, providing affidavits from his staff and a member of a religious group. The Office of the Court Administrator (OCA) finds Judge Usman's explanation credible but holds him lia...

Case Digest: Lorenzana vs Austria, Am No. RTJ-09-2200, April 2, 2014

                            New Code of Judicial Conduct, Propriety |      Legal  Ethics Facts: Antonio M. Lorenzana filed a dministrative complaints against Judge Ma. Cecilia I. Austria. Complaints arose from a case regarding the rehabilitation of Steel Corporation of the Philippines (SCP)  Complainant alleged gross ignorance of the law, abuse of authority, misconduct, incompetence, bias, and partiality by the respondent. Allegations included appointment of a conflicted rehabilitation receiver, conducting informal meetings outside official jurisdiction, dictating the terms of the rehabilitation plan, secret meetings with a creditor, and personal involvement in the case. Supplemental complaint raised concerns about the respondent's photos and personal details on a social networking website called "Friendster".  She posed with her upper body barely covered by a shawl, ...

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 inve...

Case Digest: Presado vs Genova, AM NO. 91-657, June 21, 1993

                                New Code of Judicial Conduct,  Propriety   |      Legal  Ethics Facts: Seven administrative complaints were filed against Judge Manuel C. Genova.                Re: A.M. No. RTJ-91-657  (Lourdes Presado v. Judge Manuel C. Genova) Lourdes Presado filed an administrative complaint against Judge Manuel C. Genova, accusing him of violating the Anti-Graft and Corrupt Practices Act.  Presado alleged that Judge Genova's wife received money from adopting parents, from Adela Du, and from Aida Valencia, who had pending cases before the judge.  Presado also claimed that Judge Genova and his wife received a sumptuous meal from Emma Diaz Hao, a party to a case before the judge.  Judge Genova denied the allegations, presenting affidavits and testimonies supporting his defense.  Dur...