A.M. No. RTJ-10-2232. April 10, 2012 (Case Brief _ Digest)

A.M. No. RTJ-10-2232.
April 10, 2012 (Case Brief / Digest)
Title: Office of the Court Administrator vs. Judge Cader P. Indar: Administrative Case for
Gross Misconduct and Dishonesty in the Philippine Judiciary
Facts:
1. Reports surfaced from the Local Civil Registrars of Manila and Quezon City concerning
an excessive number of matrimonial annulment decisions purportedly issued by Judge Cader
P. Indar. These were flagged as suspicious due to their volume and lack of record in the
court dockets.
2. Upon receiving these concerns, the Office of the Court Administrator (OCA) initiated a
judicial audit at RTC-Shariff Aguak, Branch 15. This audit revealed no corresponding
records for the annulment cases filed with the registrars.
3. A specific inquiry involved a decision allegedly issued by Judge Indar decreeing the nullity
of marriage between Chona Chanco Aguiling and Alan V. Aguiling (Spec. Proc. No. 06-581).
This decision also lacked any court records.
4. The OCA then recommended the case be docketed as a regular administrative matter and
be investigated. A preventive suspension was recommended for Judge Indar while the
investigation was underway.
5. The Supreme Court docketed the case as A.M. No. RTJ-10-2232 and appointed Justice
Angelita A. Gacutan initially, and later Justice Abraham B. Borreta, for the investigation.
6. Multiple attempts to notify Judge Indar of hearings and require his appearance met with
no response. He did not file any explanation nor attend the hearings. Preliminary reports by
a secondary judge and court officers confirmed the non-existence of recorded proceedings
for the alleged annulment cases.
7. The OCA’s findings, alongside certified testimonies from registrars who had received the
dubious decisions, underscored possible falsification of these judicial acts by Judge Indar
and potential complicity by court staff who failed to keep proper records.
Issues:
1. Did Judge Cader P. Indar engage in acts constituting gross misconduct and dishonesty by
issuing decisions without conducting judicial proceedings or maintaining proper records?
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A.M. No. RTJ-10-2232. April 10, 2012 (Case Brief / Digest)
2. What procedural requirements for due process were applicable in this administrative
investigation, given the absence of Judge Indar?
3. What sanctions and consequences are appropriate under the given circumstances if he is
found guilty?
Court’s Decision:
1. The Supreme Court found Judge Indar guilty of gross misconduct and dishonesty. He
issued decisions in numerous annulment cases without actual court proceedings and falsely
endorsed these as genuine. His acts violated the established procedures for judicial reviews
which compromised the integrity of those court decisions and the judiciary itself.
2. On the procedural aspect, the Court applied a relaxed version of due process typically
seen in administrative cases, focusing on the opportunity given to Judge Indar to be heard.
Despite notifications, Judge Indar’s failure to respond or appear justified proceeding ex
parte.
3. The Supreme Court dismissed Judge Indar from service with corresponding accessory
penalties, including forfeiture of benefits (except accrued leave credits), and permanent
disqualification from holding public office. Additionally, he was disbarred for violating
professional codes and his duties as a lawyer and a judicial officer.
Doctrine:
– Public office is a public trust; public officers must serve with utmost responsibility and
integrity. Judges, due to their influential role in upholding justice, must conduct themselves
with the highest ethical standards.
– Administrative due process in disciplinary proceedings does not align fully with judicial
process requirements. Adequate opportunity to be heard or notified suffices.
– The imposition of severe penalties like dismissal and disbarment reflects the judiciary’s
intolerance of breaches involving dishonesty and misconduct, which tarnish its integrity and
public faith.
Class Notes:
– Key Concepts: Judicial Integrity, Due Process in Administrative Law, Public Trust Doctrine.
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A.M. No. RTJ-10-2232. April 10, 2012 (Case Brief / Digest)
– Elements of a Crime (in this context, Misconduct): Intention to violate procedural norms,
creation of falsified records, impact on judicial reputation and public trust.
– Legal Provisions: Rule 140 of the Rules of Court on sanctioning judicial officials; Code of
Judicial Conduct, Canon 3 on judges’ responsibilities; Rule 1.01 of the Code of Professional
Responsibility regarding lawyers’ conduct.
– Practical Application: The case exemplifies the check-balance principle ensuring

accountability of judicial officials and stipulating the procedural nuances when addressing
judicial misconduct.
Historical Background:
The case reflected broader concerns regarding integrity and accountability across the
judiciary in the Philippines. The period saw a critical stance by the Supreme Court against
misconduct, emphasizing judicial reform and public trust restoration amidst past
controversies related to judiciary credibility. This marked a shift towards greater
transparency and stricter enforcement of judicial and legal professional standards.
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April 10, 2012 (Case Brief / Digest)

– Practical Application: The case exemplifies the check-balance principle ensuring

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