LEGAL ETHICS

ARNEL MENDOZA V. HON. MARCOS DIAZEN, JR.

AM NO. MTJ-17-1900, SECOND DIVISION (Leonen, J.)

DOCTRINE:

FACTS:

Arnel G. Mendoza was a driver whose services were engaged several

times by Cristy Flores. Mendoza alleged that he met Judge Diasen through
Flores and that Judge Diasen hired his services to go. Mendoza alleged that
Judge Diasen asked him to assist Flores in looking for a rice retailer where he
could purchase 50 sacks of rice.

Mendoza alleged the check was dishonored due to insufficiency of funds.

Carolina Marketing then sought payment for the sacks of rice from Mendoza.
Mendoza tried to inform Flores and Judge Diasen about the matter but Judge
Diasen was never in his office and Flores was never at her residence. Thus, he
was constrained to file this Complaint.

Judge Diasen alleged that Flores told him that she needed extra income
and wanted to sell rice to employees of the Makati City Hall. Since she lacked
the required capital, he agreed to lend her money out of pity. He claimed that
the loan was on the condition that she would show him the rice she was
planning to buy and she would pay the loan from the proceeds of the sale.

He issued and delivered a post-dated check to Flores. Flores assured

him that she would present the sacks of rice at the Makati City Hall. He waited
for Flores at the back of Makati City Hall but she did not show up with the
sacks of rice. He surmised that Flores connived with Mendoza to encash the
check at a discounted amount but he was able to prevent being defrauded by
notifying the bank to stop payment on the check.

ISSUE:

Is Judge Diasen guilty of conduct unbecoming?

RULING:

Yes. Court adopts the findings of fact and conclusions of law of the Office
of the Court Administrator. Judges must at all times conduct themselves in a
manner beyond reproach to ensure the public's continued confidence in the
judiciary.

Rule 5.02. - A judge shall refrain from financial and business dealings
that tend to reflect adversely on the court's impartiality, 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
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and other financial interests as to minimize the number of cases giving grounds
for disqualification.

Judge Diasen cannot also deny that his position did not influence the
"would-be buyers" to actually partake in the sale of rice. If employees of the
other court branches and offices of the Makati City Hall could be persuaded to
buy the subject rice because a judge asked them to, what more with the
employees of his own branch?

Judge Diasen's act of attempting to sell rice to his employees and to

employees of other branches was highly improper. As a judge, he exercised
moral ascendancy and supervision over these employees. If the sale had pushed
through, he would have profited from his position.
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