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Macariola vs.

Asuncion

A.M. No. 133-1: May 31, 1982
On Aug 6, 1968, Bernardita Macariola Iiled a complaint against Judge Elias Asuncion with 'acts
unbecoming a judge. The judge apparently bought a property (Iormerly owned by Macariola)
which was involved in a civil case decided by him; and on 31 Aug 1966, the Asuncion couples
conveyed their share and interest in the said property to The Traders ManuIacturing and Fishing
Industries Inc. The act oI Asuncion engaging in commerce is said to be a violation oI pars 1 & 5,
Art 14 oI the Code oI Commerce which prohibits judges in active service (among others) to do
so within the limits oI the place where they discharge their duties.
HELD: Art 14 (Anti GraIt and Corrupt Practices Act, eIIective Aug 1888) oI the Code oI
Commerce, prohibiting judges Irom engaging in commerce was political in nature and so was
automatically abrogated with the end oI Spanish rule in the country (Change oI Sovereignty to
the US by virtue oI cession, 1898).

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