Category Archives: Judicial and Legal Ethics

voluntary intimacy between a man and a woman who are not married, where both are not under any impediment to marry and where no deceit exists, is neither a criminal nor an unprincipled act that would warrant disbarment or disciplinary action

The Investigating Judge recommends the dismissal of the complaint against the respondent, reporting that:             Normally the personal affair of a court employee who is a bachelor and has maintained an amorous relation with a woman equally unmarried has nothing … Continue reading

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Clerk of court who is dismissed from service is proper considering her failure to exercise supervision over her administrative staff resulting in commission of blatant infractions against the Rules

It is evident in her Explanation that Atty. Lometillo preferred to shift responsibility over fund shortages to her administrative staff.  With exoneration in mind, she desperately tried to convince the Court that she did everything possible to come up with … Continue reading

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Legal researher is liable under Rule IV, Section 52 (A) 20 for conduct prejudicial to the best interest of the service in view of her act of offering her services for facilitation of the land transfer papers at the BIR

In her motion, Hernando repleads the assertions in her memorandum and prays that a more severe penalty should be imposed on Bengson. According to her, respondent being a court employee she had no business offering her services for facilitation of … Continue reading

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Can the employee be ordered by the court to return the money, thus, making the court a collecting agent?

As regards Hernando’s prayer that Bengson be ordered to return the money in the amount of P76,000.00, the Court resolves to reconsider its earlier disposition. While Courts should refrain from becoming a collection agent, it cannot simply shy away from … Continue reading

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Disgraceful and immoral conduct is classified as a grave offense for which the imposable penalty for the first offense is six months and one day to one year while the penalty for the second offense is dismissal

On the charge of immorality, the findings and recommendations of both the Investigating Judge and the OCA are well-taken, except for the recommended penalty of dismissal from service which is not in accordance with the Uniform Rules on Administrative Cases … Continue reading

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Judge’s act of collecting or receiving money from a litigant constitutes grave misconduct in office

After considering the OCA memorandum and the entire records, we find the OCA memorandum to be substantially supported by the evidence on record, and by applicable law and jurisprudence. We, therefore, adopt the findings and recommendations of the OCA memorandum, … Continue reading

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Judge’s concealment of his direct participation in elections while remaining in the judiciary’s payroll and his vain attempt to mislead the Court by his claim of forgery, are patent acts of dishonesty rendering him unfit to remain in the judiciary

We find the OCA’s recommendation to be well-founded. Judge Limbona  committed  grave  offenses  which  rendered  him  unfit to continue as a member of the Judiciary.  When he was appointed as a judge, he  took  an  oath  to  uphold  the  law,  … Continue reading

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