LIBARIOS vs DABALOS

Facts:
> Complainant, Manuel L. Lee, charged
respondent, Atty. Regino B. Tambago, with
violation of Notarial Law and the Ethics of
the legal profession for notarizing a will that
is alleged to be spurious in nature in
containing forged signatures of his father, the
decedent, Vicente Lee Sr. and two other
witnesses, which were also questioned for the
unnotated Residence Certificates that are
known to be a copy of their respective voter's
affidavit.
> In addition to such, the contested will was
executed and acknowledged before
respondent on June 30, 1965 but bears a
Residence Certificate by the Testator dated
January 5, 1962, which was never submitted
for filing to the Archives Division of the
Records Management and Archives Office of
the National Commission for Culture and
Arts (NCAA).
> Respondent, on the other hand, claimed that
all allegations are falsely given because he
allegedly exercised his duties as Notary
Public with due care and with due regards to
the provision of existing law and had
complied with elementary formalities in the
performance of his duties and that the
complaint was filed simply to harass him
based on the result of a criminal case against
him in the Ombudsman that did not prosper.
> However, he did not deny the contention of
non-filing a copy to the Archives Division of
NCAA.
> In resolution, the court referred the case to
the IBP and the decision of which was
affirmed with modification against the
respondent and in favor of the complainant.
Issue: Did Atty. Regino B. Tambago committed a
violation in Notarial Law and the Ethics of Legal
Profession for notarizing a spurious last will and
testament?
Held: Yes.
> As per Supreme Court, Atty. Regino B.
Tambago is guilty of professional
misconduct as he violated the Lawyer's Oath,
Rule 138 of the Rules of Court, Canon 1 and
Rule 1.01nof the Code of Professional
Responsibility, Article 806 of the Civil Code
and provision of the Notarial Law.
> Thus, Atty. Tambago is suspended from the
practice of law for one year and his Notarial
commission revoked.
> In addition, because he has not lived up to
the trustworthiness expected of him as a
notary public and as an officer of the court,
he is perpetually disqualified from
reappointments as a Notary Public.








TAN v. ROSETTE
Mayors secretary told Tan to give P50,000 to
Judge Rosete to expedite the case.
The clerk showed Tan 2 unsigned resolutions of
Dismissal (unfavorable to Tan) and asked for P
150,000 for each case so that the decisions would
be reversed by the Judge.
Judge is guilty of gross misconduct. He is
suspended from duty for 4 months.
Judges are expected to adhere to the highest tenets
of judicial conduct. They must be the embodiment
of competence, integrity and independence.
The exacting standards of conduct demanded from
judges are designed to promote public confidence
in the integrity and impartiality of the judicial
system because the peoples confidence in the
Judiciary is founded on the highest standard of
integrity and moral uprightness they are expected to
possess.


RAMIREZ v CORPUS- MACANDOG (1970)
handwritten order of arrest
Respondent Judge Corpuz-Macandog faces 6
separate charges of various forms of misconduct in
the performance of her duties.
Held: Judge Corpuz-Macandog is dismissed from
service with forfeiture of all retirement benefits and
with prejudice to reinstatement in any branch of
government.
Respondent Judge admitted to have succumbed to
pressure in deciding the case in favor of the
complainant. Her confessed act of succumbing to
pressure is a patent betrayal of public trust reposed
on her as arbiter of the law.


IN RE COMPLAINT OF MRS. MARCOS
AGAINT JUDGE F. MARCOS (2001)
judge in a fun run with mistress
Mrs. Marcos wrote a letter to SC that they have
only been receiving a minimal amount which was
insufficient for their education and for their
sustenance ever since his husband was appointed as
Judge. She accused him of having a mistress.
Held: Judge is dismissed from service
The personal behavior of a judge should be free
from the appearance of impropriety, and his
personal behavior, not only in the bench and in the
performance of judicial duties, but also in his
everyday life, should be beyond reproach. The
conduct of a judge must be free of a whiff of
impropriety not only with respect to his
performance of his judicial duties, but also to his
behavior outside his sala and as a private
individual. There is no dichotomy of morality: a
public official is also judged by his private morals.








DELA CRUZ v BERSAMIRA (2000)
The Respondent Judge is presiding over three
criminal cases. The complaint accuses the
respondent
It is paramount that a judges personal behavior
both in the performance of his duties and his
socializing with the congresswoman-mother of
accused
judge in
(1)Socializing in restaurants with Congressman
Agana, mother of the accused.
(2)Issuing unreasonable postponements
(3)Allowing two accused to submit to a drug test to
postpone the trial.
daily life, be free from the appearance of
impropriety as to be beyond reproach.

RE LETTER OF PRES. JUSTICE CONRADO M.
VASQUEZ (2008)
Meralco case; too many cast of characters
[nakakabaliw na kaso!]
Justice Roxas prepared a decision even before the
parties submitted their memoranda.

IN RE UNDATED LETTER OF MR. LUIS
BIRAOGO (2009)
gilbert copy
Louis Biraogo, petitioner in the Limkaichong cases
held a press conference and circulated to the media
an undated letter signed by him together with a
Xerox copy of the unpromulgated ponencia of
Justice Ruben Reyes.
Any release of a copy to the public, or to the
parties, of an unpromulgated ponencia infringes on
the confidential internal deliberations of the Court.
A frank exchange of exploratory ideas and
assessments, free from the glare of publicity and
pressure by interested parties, is essential to protect
the independence of decision-making of those
tasked to exercise judicial power.

PEOPLE V. VENERACION
Nature: Petition for certiorari to review a decision
of RTC of Manila
> Aug 2, 1994 cadaver of a young girl
identified as Angel Alquiza was seen floating
along Del Pan St. near the corner of
Lavesares St., Binondo, Manila. She was
wrapped in a sack & yellow table cloth tied
with a nylon cord with both feet & left hand
protruding from it was seen floating along.
> Abundio Lagunday, a.k.a. Jr. Jeofrey and
Henry Lagarto y Petilla were later charged
with the crime of Rape with Homicide in an
Information dated August 8, 1994 filed with
the Regional Trial Court of Manila, National
Capital Judicial Region
> Trial Court rendered a decision on January
31, 1995 finding the defendants Henry
Lagarto y Petilla and Ernesto Cordero y
Maristela guilty beyond reasonable doubt of
the crime of Rape with Homicide and
sentenced both accused with the penalty of
reclusion perpetua with all the accessories
provided for by law.
> February 8, 1995 City Prosecutor of Manila
filed a Motion for Reconsideration praying
that the Decision be modified in that the
penalty of death be imposed against
respondents Lagarto and Cordero, in place of
the original penalty (reclusion
perpetua). Feb. 10, 1995 the motion was
denied by the court.
WON the respondent judge acted with grave abuse
of discretion and in excess of jurisdiction when he
failed and/or refused to impose the mandatory
penalty of death under RA 7659, after finding the
accused guilty of the crime of Rape with Homicide.
YES. No question on the guilt of the accused.
> A government of laws, not of men excludes
the exercise of broad discretionary powers by
those acting under its authority.
o Under this system, judges are guided
by the Rule of Law, and ought to
protect and enforce it without fear or
favor, resist encroachments by
governments, political parties, or even
the interference of their own personal
beliefs.
> The RTC judge found the accused beyond
reasonable doubt of the crime of rape and
homicide.
> Under the law the penalty imposable for the
crime of rape with homicide is NOT
reclusion perpetua but Death.
o The law provides that when by reason
or on the occasion of rape, a homicide
is committed, the penalty shall be
death
> A court of law is no place for a protracted
debate on the morality or propriety of the
sentence, where the law itself provides for
the sentence of death as a penalty in specific
& well-defined instances.
> People vs. Limaco as long as that penalty
remains in the statute books, and as long as
our criminal law provides for its imposition
in certain cases, it is the duty of judicial
officers to respect and apply the law
regardless of their private opinions. It is a
well settled rule that the courts are not
concerned w/ the wisdom, efficacy or
morality of laws.
> Rules of Court mandates that after an
adjudication of guilt, the judge should
impose the proper penalty and civil liability
provided for by the law on the accused.
Disposition: The instant petition is Granted. The
case is hereby Remanded to the RTC for the
imposition of the penalty of death upon private
respondents






BLANZA VS ARCANGEL
Facts:
1. On April, 1955, Atty. Arcangel volunteered
to help them in their respective pension
claims in connection with the death of their
husbands, both P.C. soldiers.
a. They handed Arcangel pertinent
documents and also affixed their
signatures on blank papers.
b. After which, they noticed that respondent
lost interest and no progress was made.
After 6 years they finally asked
respondent to return the said documents
but the latter refused.
c. Upon questioning by Fiscal Rana to
whom the case was referred by the
Solicitor General respondent admitted
having received the documents but
explained that it was for photostating
purposes only.
d. His failure to immediately return them
was due to complainants refusal to hand
him money to pay for the photostating
costs which prevented him from
withdrawing the documents.
e. Anyway, he had already advanced the
expenses himself and turned over the
documents to the fiscal.
2. Fiscal found respondents explanation
satisfactory and recommended the
respondents exoneration.
a. However, Sol Gen feels that respondent
deserves at least a severe reprimand
considering:
1) his failure to attend to complainants pension
claims for 6 years;
2) his failure to immediately return the documents
despite repeated demands upon him, and
3) his failure to return to complainant Pasion,
allegedly all of her documents.
Issue: WON Atty. Arcangel is guilty of professional
non-feasance
Held: No.
1. Respondents explanation for the delay in
filing the claims in returning the documents
has not been controverted by complainants.
2. On the contrary, they admitted that
respondent asked them to shoulder the
photostating expenses but they did not give
him any money. Hence, complainants
are partly to blame.
3. Moreover, the documents and their
photostats were actually returned by
respondent during the fiscals investigation
with him paying for the photostating costs
himself.
4. As for the alleged failure of the respondent to
all her documents to complainant Pasion,
the former denies this. the affidavit of Mrs.
Blanza pardoning respondent cannot
prejudice complainant Pasion because res
inter alios acta alteri nocere non debet.





Tan v. Pacuribot (2007)
Erection fail, but rape/sexual harrassment either
way
Sexual harrassment charges against judge who
forced 2 employees of the court to have sex with
him (despite his penal erection failure).
Violated Canon 1 and 2 of Code of Judicial
Conduct. DISMISSED from the service for gross
misconduct and immorality prejudicial to the best
interest of the service,

Guanzon v. Rufon (2009)
Open your legs
Judge in open court said to her: next time you see
your husband, open your arms and legs (frank
language). GUILTY. FINED.
Judicial decorum requires a magistrate to be at all
times temperate in his language, refraining from
inflammatory or excessive rhetoric or from
resorting to language of vilification



Castro v. Malazo (1980)
170 days
Judge delayed issuance of decision for several
reasons (that there was another case that was
closely related and simultaneous issuance of
decision would be logical)170-day delay was not
justified. Judge REPRIMANDED
The Judiciary Act of 1948: Sec. 5. Judge's
certificate as to work completed. District judges,
judges of city courts, and municipal judges shall
certify on their applications for leave, and upon
salary vouchers presented by them for payment, or
upon the payrolls upon which their salaries are
paid, that all special proceedings, applications,
petitions, motions, and all civil and criminal cases
which have been under submission for decision or
determination for a period of ninety days or more
have been determined and decided on or before the
date of making the certificate, and no leave shall be
granted and no salary shall




















OCA v. Floro
History: Court (En Banc) promulgated its decision
in Arriego v. Floro. Judge Floro filed three Partial
Motions for Reconsideration. SC denied and stated
that no other pleadings would be entertained. Judge
Floro filed several more pleadings (3). Court En
Banc resolved to treat 2 of the pleadings as separate
matters from the subject case. Court En Banc
resolved to note without action one pleading while
granting the other two; in the same resolution, the
Court further considered the present case closed
and terminated, ordered issuance of an entry of
judgment. Judge Floro filed 4 more pleadings, all
eventually expunged form the records. Judge Floro
filed two further pleadings.
Disposition: NOTED WITHOUT ACTION;
ordered EXPUNGED from the records.
> Basically: Judge Floro was decided against in
an administrative matter (Arriego v. Floro).
Floro continued to file pleadings and motions
despite the Courts repeated resolutions that
the case was considered closed.
Issue(s): Whether Judge Floro may continue to file
pleadings in relation to his case.
Ratio Decidendi: NO.
> Judge Floro failed to present, and
continuously fails to present any meritorious
argument or substantial evidence in support
of his pleadings. The Court is constrained to
deny the same.
o The Court cannot be swayed to modify
or reverse its Decision and various
Resolutions by inundating the ponente
with numerous pleadings avowing
ungodly reprisal as well as personal
letters/telephone calls seeking
audience with the latter, if, as in this
case, they are only in furtherance of
repeating issues and arguments already
passed upon by the Court En Bancs
earlier Decision and Resolution. (i.e.
bombarding the ponente with
pleadings and attempting to establish a
personal discussion is inappropriate)
o Only meritorious arguments and
substantial evidence can convince Us
to modify or reverse our previous
ruling.
> Litigations must end and terminate at some
point. (Li Kim Tho v. Sanchez: The purpose
of courts is to end controversies, therefore,
they must be on guard against attempts to
prolong them.)
> Ortigas and Company Limited Partnership v.
Judge Velasco explained the phrases used by
the Court in dealing with Judge Floros
pleadings:
o Denial With Finality: Emphasizes
the import and effect of the denial of
the motion for reconsideration, i.e.,
that the Court will entertain and
consider no further arguments or
submissions from the parties
respecting its correctness. Nothing
more is left to be discussed, clarified,
or done. This stresses that the case is
considered closed.
o Prohibition to File Further Pleadings:
No further pleadings, motions or
papers should be filed in these cases,
except only as regards issues directly
involved in the Motion for
Reconsideration
> The directive against the filing of any further
pleading/motion/paper is so serious that
willful and unjustifiable disregard or
disobedience constitutes constructive
contempt under 3(b), Rule 71 of the Rules
of Court.