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A.M. No. 133-J: Bernardita Macariola vs. Judge Elias Asuncion of CFI Leyte
31 May 1982, 114 SCRA 77
Contract of Sale – Subject Matter Under Litigation

In 1963, Macariola and her step sister (Reyes) had a dispute over their inheritance involving parcels of land located
in Leyte. A trial ensued and Judge Macariola, after determining the legibility of the parties to inherit rendered a
decision in the civil case. Thereafter, the counsels of the parties submitted a project partition reflecting the preference
of the parties. The project partition was, however, unsigned by Macariola. But her lawyer assured Asuncion that he is
duly authorized by Macariola as counsel. The judge then approved the project partition. The decision became final in
1963 as well.

Reyes et al sold some of their shares to Arcadio Galapon, who later sold the property to judge Asuncion in 1965.

On 6 Aug 1968, Macariola filed a complaint against Judge Asuncion with “acts unbecoming a judge” on the ground
that he bought a property (formerly owned by Macariola) which was involved in a civil case decided by him; this act
by Asuncion is averred by Macariola to be against Art. 1491, par 5 of the Civil Code which provides:

"Article 1491. The following persons cannot acquire by purchase, even at a public or judicial action, either in
person or through the mediation of another:

xxx xxx xxx

"(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and
employees connected with the administration of justice, the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the
property and rights which may be the object of any litigation in which they may take part by virtue of their

Also, Macariola said that Asuncion’s act tainted his earlier judgment. Macariola said that the project partition was
unsigned by her and that what was given to her in the partition were insignificant portions of the parcels of land.

ISSUE: Whether or not Judge Asuncion violated said provision.

HELD: No. The prohibition only applies if the litigation is under pendency. The judge bought the property in 1965 – 2
years after his decision became final. Further, Asuncion did not buy the property directly from any of the parties since
the property was directly bought by Galapon, who then sold the property to Asuncion. There was no showing that
Galapon acted as a “dummy” of Asuncion.

Also, Macariola did not show proof that there was a gross inequality in the partition; or that what she got were
insignificant portions of the land.

The Supreme Court however admonished Judge Asuncion to be more discreet in his personal transactions.