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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    A.M. No. RTJ-01-1665  November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. RTJ-01-1665. November 29, 2001.]

    ROSAURO M. MIRANDA, Complainant, v. JUDGE CESAR A MANGROBANG, SR., Respondent.

    D E C I S I O N


    MENDOZA, J.:


    This is a complaint against Judge Cesar A. Mangrobang, Sr., Presiding Judge of the Regional Trial Court, Branch 22, Cavite City, for conduct prejudicial to the best interest of the judiciary.

    Complainant Rosauro Miranda was the founder and chairman of the board of the Macamir Realty and Development Corporation (Macamir Realty). On July 31, 1996, Macamir Realty entered into a construction contract with O.B. Jovenir Construction and Development Corporation (O.B. Jovenir Construction). In his complaint, dated May 5, 1997, complainant Rosauro Miranda charged that respondent Judge Cesar A. Mangrobang, Sr. engaged in business and in the private practice of law and used his office as a judge to further his business interests. More specifically, respondent allegedly committed the following:chanrob1es virtual 1aw library

    1. By being a Director, Vice President for Administration, and legal counsel of the corporation O.B. Jovenir Construction & Development Corporation [Director and Vice-President], with address at Purok 5, Brgy. Alapan, Imus, Cavite, and impressing on those dealing with said corporation that he has the necessary connections and clout with governmental agencies and judicial offices;

    2. By reportedly interceding with other judges for cases of O.B. Jovenir Construction & Development Corporation [notably Judge Jose F. Caoibes, Jr. and Judge Bonifacio Sanz Maceda, both of the Regional Trial Court of Las Piñas City, Metro Manila]; and

    3. By reportedly inducing a Cavite Regional Trial Court Judge [Judge Lucenito N. Tagle, Presiding Judge of Branch 20 of the Cavite Regional Trial Court] to intercede at the Court of Appeals on behalf of O.B. Jovenir Construction & Development Corporation in C.A.-G.R. SP. No. 43957 entitled "Macamir Realty And Development Corporation, Et Al., petitioner v. Hon. Jose F. Caoibes, Jr. as Presiding Judge of Branch 253, Regional Trial Court, Las Piñas City, O.B. Jovenir Construction And Development Corporation, Et Al., Respondents." 1

    In support of his first allegation, complainant submitted copies of minutes of meetings between O.B. Jovenir Construction and complainant’s corporation, the Macamir Realty, showing that respondent Judge Mangrobang attended the meetings held on August 17, 1996, 2 August 24, 1996, 3 September 27, 1996, 4 October 4, 1996, 5 October 11, 1996, 6 and October 25, 1996 7 and actively participated in the discussions therein. Thus, it appears in the meeting of August 17, 1996 that respondent "brought the matter of transferring to the contractor the title of the 12 units assigned to them as performance bond." On September 27, 1996, he" [gave the assurance] that by January even if there are delays [in the construction project], construction will normalize." And, on October 25, 1996, he said he "will also ask the help of his associates in order to solve the problem on [an] adverse claim." Complainant did not submit evidence supporting the second and third allegations.

    In his answer, dated August 18, 1997, respondent denied that he was an officer of O.B. Jovenir Construction and Development Corp. He claimed it was his son, Cesar Mangrobang, Jr., who was a director of the corporation, as evidenced by the articles of incorporation and by-laws of the corporation. He said that not being an officer nor legal counsel of the corporation, he never received any fee, allowance, or remuneration from O.B. Jovenir Construction. He likewise denied having intervened in cases involving his son’s corporation. Respondent admitted, however, that he sat in one or two meetings with representatives of Macamir Realty upon the request of his son "as an observer but never as a representative of O.B. Jovenir." 8

    On June 25, 1998, complainant filed a Reply to Answer and Comment to Verified Complaint, 9 and submitted a photocopy of a document entitled "Company’s Top Brass," showing respondent to be the Vice-President for Administration of O.B. Jovenir Construction. 10 However, in his Rejoinder to Reply, submitted on August 17, 1998, respondent said he was unaware of the document 11 and submitted the affidavit of his son, Cesar Mangrobang, Jr., attesting to the fact that the latter, and not his father, was a stockholder, vice-president, and treasurer of O.B. Jovenir. 12

    In its report, the Office of the Court Administrator recommended that —

    1. the instant case be RE-DOCKETED as an Administrative Matter;

    2. Judge Cesar A. Mangrobang, Sr. be FINED in the amount of P5,000.00 for violating Canon 2, Rule 2.03 and Canon 5, Rule 5.02 of the Code of Judicial Conduct and that he be DIRECTED to sever all ties he has with O.B. Jovenir Construction and Development Corporation so that he can devote all his time to government service and the administration of justice; and

    3. the other charges be DISMISSED for being unsubstantiated. 13

    On September 6, 1999, the case was referred to Associate Justice Quirino Abad Santos of the Court of Appeals for investigation, report, and recommendation. 14 Justice Abad Santos set the case for hearing, 15 but, on December 13, 1999, complainant moved for the inhibition of Justice Abad Santos on the ground that the latter and respondent were college fraternity brothers. 16 Justice Abad Santos inhibited himself from the consideration of the case. Accordingly, this Court designated Associate Justice Ruben T. Reyes, also of the Court of Appeals, to investigate the case. 17

    Complainant submitted the case for resolution on the basis of the pleadings earlier submitted. 18 On the other hand, respondent filed a manifestation in this Court on June 30, 2001, asking that he be allowed to present testimonial and documentary evidence. 19 The request was denied by Justice Reyes on the ground that the manifestation, which was filed with this Court, was received in the Court of Appeals only on September 21, 2001 and he (Justice Reyes) had only until October 2, 2001 to submit his report and recommendation. Based on the affidavits and pleadings earlier submitted by the parties, the Investigating Justice submitted his report recommending as follows:chanrob1es virtual 1aw library

    ACCORDINGLY, the undersigned Investigating Justice recommends that respondent judge be sternly warned against such indiscretion and that a repetition of a similar act in the future will be dealt with more severely. 20

    The recommendation of the Investigating Justice is well taken.

    From the Articles of Incorporation of O.B. Jovenir Construction, it indeed appears that respondent is not an officer of that corporation. However, the minutes of the meetings held between Macamir Realty and O.B. Jovenir Construction on August 17, 1996, September 27, 1996, and October 25, 1996 tell a different story. These minutes show that respondent was indeed present in the meetings to which they relate and that he took active part in the discussions relating to the contractual negotiations between the two companies. For example, during the meeting of August 17, 1996, respondent brought up the matter of transferring to O.B. Jovenir Construction the title to 12 units on the 6th floor of the building being constructed. According to respondent, O.B. Jovenir Construction needed them as collaterals to secure a loan needed to purchase construction materials. During the meeting of September 27, 1996, he assured the representatives of Macamir Realty that by January 1997, despite the delays, construction would "normalize." Finally, during the meeting of October 25, 1996, respondent said he would ask the help of his associates to solve the problem on an adverse claim. Although he claimed that he was in those meetings merely as an observer, respondent never disputed the authenticity of the minutes of meetings. 21 It is clear that in taking part in the discussions, respondent intended to bring the influence of his judicial office to bear on the negotiations. He thus compromised the integrity and moral authority of his office, in violation of Canon 2, Rule 2.03 of the Code of Judicial Conduct which provides:chanrob1es virtual 1aw library

    A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

    Indeed, a judge’s private life cannot be dissociated from his public life and it is thus important that his behavior both on and off the bench be free from any appearance of impropriety.chanrob1es virtua1 1aw 1ibrary

    Respondent likewise violated Canon 5, Rule 5.02 of the Code of Judicial Conduct, which provides:chanrob1es virtual 1aw library

    A judge shall refrain from financial or business dealings that tend to reflect adversely on the court’s partiality, interfere with the proper performance of judicial activities, or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving ground for disqualification.

    But the charge that respondent influenced Judge Caoibes, Jr. to deny the motion to dismiss filed by complainant in Civil Case No. 97-0078 against O.B. Jovenir Construction and to cite complainant in contempt and Judge Maceda in the delay of the approval of his bond has not been substantiated. Also unsubstantiated is the allegation that he had asked Judge Lucenito Tagle to intercede in behalf of O.B. Jovenir Construction with members of the Court of Appeals in connection with C.A.-G.R. SP No. 43957. These charges should, therefore, be dismissed.

    As already noted, the Investigating Judge recommends that respondent be sternly warned not to commit the same impropriety; otherwise, he would be dealt with more severely. A warning, however, no matter how stern, is not a penalty. Under the circumstances of this case and in accordance with Rule 140, 11-C, reprimand is the proper penalty. Thus, in Marces, Sr. v. Arcangel, 22 a judge was reprimanded for having attended barangay conciliation proceedings at the request of one of the parties and introducing himself as the Executive Judge of the Regional Trial Court, in an obvious attempt to lend the prestige of his office to a party in a case. It was held that it was improper for him to intervene in a dispute or controversy. For as Canon 2, Rule 2.03 of the Code of Judicial Conduct states:chanrob1es virtual 1aw library

    The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

    WHEREFORE, for conduct prejudicial to the best interest of the judiciary, respondent Judge Cesar A. Mangrobang, Sr. is hereby REPRIMANDED and WARNED that a repetition of the same or similar acts in the future will be dealt with more severely. The other charges against him for interceding with and influencing other judges to further his private interests are DISMISSED for lack of evidence.

    SO ORDERED.

    Bellosillo, Quisumbing, Buena and de Leon, Jr., JJ., concur.

    Endnotes:



    1. Complaint, pp. 1-6; Rollo, pp. 1-6.

    2. Rollo, p. 7-8.

    3. Id., pp. 9-10.

    4. Id, p. 11.

    5. Id., p. 12.

    6. Id., pp. 13-14.

    7. Id pp 15-16.

    8. Id., pp. 20-24, 26-50; Answer, dated Aug. 17, 1997. pp. 1-5.

    9. Rollo, pp. 68-70.

    10. Id., pp. 71-79.

    11. Id., p. 104.

    12. Id., p. 129.

    13. Id., pp. 132-133.

    14. Id., p. 134.

    15. Id., p. 136.

    16. Id., pp. 141-142; Motion to Inhibit from Sitting in this Case, dated December 9, 1999.

    17. Rollo, p. 148.

    18. Id., p. 155.

    19. Id., p. 160.

    20. Id., p. 158; Investigation Report, pp. 1-9.

    21. Perez v. Suller, 249 SCRA 665 (1995).

    22. 258 SCRA (1996).

    A.M. No. RTJ-01-1665  November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG


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