Case Digest: Re: Anonymous Complaint Against Judge Edmundo T. Acuna, Regional Trial Court, Caloocan City, Branch 123

28 July 2005

Ponente: Callejo, Sr., J.

FACTS:

Concerned citizens of the lower court filed an anonymous letter to the Office of the Court Administrator reporting the alleged malpractices of Judge Edmundo Acuna.  Among these are his regular use of expletives and insulting terms such as “putang ina” and “putris,” and his constant berating and embarrassment of people in front of others. It was also reported that he conducted trials and filed decisions for five criminal cases while he was on official leave from the 15^th of August to the 15^th of September 2001.

The respondent contended that these allegations were exaggerated and the only purpose of which is to harass him, and that part of his odd behaviours that may seem unacceptable to his colleagues were brought about by his mourning due to the loss of his son which was amplified by the poor performance ratings of his staff.  Although he did admit to using such offensive terms, respondent averred that these were not directed to anyone in particular.  He also stated in his defense that while he was issued an Authority to Travel dated 14^th of August 2011 to travel to Canada, he still presented evidence on his entries in the daily time records that he was not yet on leave from the 15^th to the 21^st of August 2011.  He thus had the right and duty to come to court as the case may be.

ISSUE:

Whether or not the respondent’s behaviour and issuance of decisions while on official leave are subject to disciplinary actions.

HELD:

Yes.  The Court held that the use of such expletives is improper for the lauded office of a magistrate of the law.  As the public expects more from such a high and respectable office, the same level of expectation is also placed upon the person who holds it to uphold its respectability and be conscious of his acts in order to maintain its honourability.  A judge is expected to be temperate, patient and courteous in order to promote public confidence in the integrity and impartiability of the judiciary.  As held in Ignacio and Valenzuela, a judge should avoid impropriety and the appearance of impropriety in all activities, to which herein respondent is guilty of.

Furthermore, the Court agrees with the Investigating Judge that overzealousness to work is not a shield from administrative liability for the dire consequences that may effect from the result of his decisions and orders issued while he was supposed to be on official leave.

As Judge Acuna was found guilty of impropriety, he is reprimanded and is sternly warned that repetition of the same will be dealt with more severely.

Case Digest: Carmelita I. Zaguirre vs. Atty. Alfredo Castillo

03 August 2005    Per Curiam

FACTS:

Atty. Alfredo Castillo was already married with three children when he had an affair with Carmelita Zaguirre.  This occurred sometime from 1996 to 1997, while Castillo was reviewing for the bar and before the release of its results.  Zaguirre then got pregnant allegedly with Castillo’s daughter.  The latter, who was already a lawyer, notarized an affidavit recognizing the child and promising for her support which did not materialize after the birth of the child.  The Court found him guilty of Gross Immoral Conduct to which Castillo filed a motion for reconsideration.

The IBP commented that until Castillo admits the paternity of the child and agrees to support her.  In his defense, the latter presented different certificates appreciating his services as a lawyer and proving his good moral character.  His wife even submitted a handwritten letter stating his amicability as a husband and father despite the affair.  More than a year since the original decision rendered by the Court, Castillo reiterated his willingness to support the child to the Court and attached a photocopy of post-dated checks addressed to Zaguirre for the months of March to December 2005 in the amount of Php2,000.00 each.

ISSUE:

Whether or not Atty. Alfredo Castillo is guilty of Gross Immoral Conduct and should be punished with the penalty of Indefinite Suspension.

HELD:

The Court found that Castillo’s show of repentance and active service to the community is a just and reasonable ground to convert the original penalty of indefinite suspension to a definite suspension of two years.  Furthermore, the Court noted that Zaguirre’s further claim for the support of her child should be addressed to the proper court in a proper case.