Cervantes - Sabio Motionsforinhibitionofcomplainant

SECOND DIVISION
[A.C. No. 7828. August 11, 2008.]
JUDGE ALDEN V. CERVANTES , complainant, vs . ATTY. JUDE JOSUE L.

SABIO , respondent.
DECISION
CARPIO-MORALES , J : p
Judge Alden V. Cervantes (complainant) was the presiding judge of the Municipal
Trial Court (MTC) of Cabuyao, Laguna until his optional retirement on November 23,
2005. Some of the cases lodged in his sala were ejectment cases led by Extra-
Ordinary Development Corporation (EDC) against the clients of Atty. Jude Josue L.
Sabio (respondent). It appears that respondent had led motions for inhibition of
complainant "on the basis of the fact that EDC gave him a house and lot putting into
serious doubt his impartiality, independence and integrity". The motions were denied. IcESaA
After the retirement of complainant, respondent, by Af davit-Complaint dated

April 6, 2006, 1 sought the investigation of complainant for bribery.
In support of the charge, respondent submitted a Sinumpaang Salaysay dated
March 6, 2006 of Edwin P. Cardeño, 2 a utility worker in the MTC of Cabuyao, stating
that, inter alia, orders and decisions of complainant were not generated from the
typewriter of the court but from a computer which the court did not have, it having
acquired one only on May 2, 2005; that there had been many times that a certain Alex of
EDC would go to the court bearing certain papers for the signature of complainant; that
he came to learn that a consideration of P500.00 would be given for every order or
decision released by complainant in favor of EDC; and that he also came to know that
attempts at postponing the hearings of the complaints led by EDC were thwarted by
complainant as he wanted to expedite the disposition thereof.
By Resolution of August 30, 2006, 3 this Court, after noting the July 20, 2006
Memorandum of the Of ce of the Court Administrator (OCA) relative to respondent's
complaint against complainant, approved the recommendation of the OCA to dismiss
the complaint for lack of merit, "the complaint being unsubstantiated and motivated by
plain unfounded suspicion, and for having been led after the effectivity of his optional
retirement" (underscoring supplied).
Thus, spawned the present veri ed December 18, 1996 letter-complaint 4 of
complainant against respondent, for disbarment.
The complaint was referred to the Integrated Bar of the Philippines (IBP) for
investigation, report and recommendation.
From the Report and Recommendation 5 of the IBP Investigating Commissioner,
Randall C. Tabayoyong, it is gathered that despite the January 12, 2007 Order for
respondent to le an answer to the complaint, he failed to do so, prompting the
Commissioner to declare him in default.
It is further gathered that after the conduct by the Investigating Commissioner of
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a mandatory conference on May 25, 2007, the parties were ordered to le their
respective position papers. In compliance with the Order, complainant submitted his
verified position paper. 6 Respondent did not.
Defined as issues before the IBP were:
(1) Whether . . . the complaint filed by respondent against the complainant
before the Office of the Court Administrator in Admin Matter OCA IPI No.
06-1842-MTJ was malicious, false and untruthful.
(2) If in the affirmative, whether . . . respondent is guilty under the Code of

Professional Responsibility.
On the rst issue, the IBP Commissioner did not nd respondent's complaint
against herein complainant false and untruthful, it noting that respondent's complaint
was dismissed by this Court due to insuf ciency of evidence which, to the IBP, merely
shows a "failure on the part of respondent to prove his allegations" against
complainant. SIAEHC
Noting, however, this Court's August 30, 2006 Resolution nding respondent's
complaint "unsubstantiated and motivated by plain, unfounded" suspicion, the
Investigating Commissioner concluded that respondent "knowingly instituted not only a
groundless suit against herein complainant, but also a suit based simply on his bare
suspicion and speculation". (underscoring supplied)
On the second issue, the IBP found that by ling the groundless bribery charge
against complainant, respondent violated the proscription of the Code of Professional
Responsibility against "wittingly or willingly promot[ing] or su[ing] any groundless suit"
including baseless administrative complaints against judges and other court of cers
and employees.
The Investigating Commissioner thus concluded that:
while the evidence on record is suf cient to show that the allegations in
respondent's af davit-complaint against herein complainant were false, the
evidence nonetheless show[s] that respondent had knowingly and maliciously
instituted a groundless suit, based simply on his unfounded suspicions against
complainant; 7 (Underscoring supplied)
and that he violated Canons 10, 8 11, 9 & 12 1 0 and Rule 11.04 1 1 of the Code of
Professional Responsibility under his oath of office.
He accordingly recommended that respondent be ned in the amount of P5,000,
with a stern warning that a repetition of the same or similar act will be dealt with more
severely.
The Board of Governors of the IBP, by Notice of Resolution, 1 2 informs that on
November 22, 2007, it adopted the following Resolution adopting and approving with
modification the Report and Recommendation of the Investigating Commissioner, viz.:
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously
ADOPTED and APPROVED, with modi cation , the Report and
Recommendation of the Investigating Commissioner of the above-entitled case,
herein made part of this Resolution as Annex "A"; and, nding the
recommendation fully supported by the evidence on record and the applicable
laws and rules, and considering Respondent's violation of Canons 10, 11 and 12
and Rule 11.04 of the Code of Professional responsibility for ling a groundless
suit against complainant, Atty. Jude Sabio is hereby REPRIMANDED with
Stern Warning that a repetition of the same or similar act will be dealt with
more severely. (Emphasis in the original) cTESIa
The Court finds the action taken by the IBP Board of Governors well taken.
Respondent ought to be aware that if a court of cial or employee or a lawyer is
to be disciplined, the evidence against him should be substantial, competent and
derived from direct knowledge, not on mere allegations, conjectures, suppositions, or
on the basis of hearsay. 1 3
No doubt, it is this Court's duty to investigate the truth behind charges against
judges and lawyers. But it is also its duty to shield them from unfounded suits which
are intended to, among other things, harass them.
WHEREFORE, respondent, Atty. Jude Josue L. Sabio, is FINED in the amount of
Five Thousand (P5,000) Pesos, with a warning that a repetition of the same or similar
questioned act will be dealt with more severely. DSEIcT
SO ORDERED.
Quisumbing, Corona, * Velasco, Jr. and Brion, JJ., concur.
Footnotes
1. Rollo, pp. 12-13. ITDSAE
2. Id. at 15-15a; Edwin P. Cardeño was, in A.M. No. P-05-2021, June 30, 2005, "Judge Alden
V. Cervantes v. Edwin Cardeño" (426 SCRA, 324-332), found guilty of misconduct.
3. Id. at 16.
4. Id. at 1-10.
5. Id. at 39-46.
6. Id. at 25-27.
7. Id. at 43.
8. CANON 10 — A lawyer owes candor, fairness and good faith to the court.
9. CANON 11 — A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
10. CANON 12 — A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY
TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
11. Rule 11.04. — A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
12. Id. at 38. aSTAcH
13. Vide Gotgoto et al. v. Renato Millora, A.M. No. P-05-2005, June 8, 2005.
* Additional member in lieu of Justice Dante O. Tinga per Special Order No. 512 dated Jul.
16, 2008.

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SECOND DIVISION

[A.C. No. 7828. August 11, 2008.]

JUDGE ALDEN V. CERVANTES , complainant, vs . ATTY. JUDE JOSUE L.

After the retirement of complainant, respondent, by Af davit-Complaint dated

(2) If in the affirmative, whether . . . respondent is guilty under the Code of

1. Rollo, pp. 12-13. ITDSAE

12. Id. at 38. aSTAcH

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