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6 - Macariola v. Asuncion (1982) PDF
6 - Macariola v. Asuncion (1982) PDF
SYNOPSIS
Respondent judge was charged for having violated (1) Article 1491 of the New
Civil Code when he acquired by purchase portion of a lot which was involved in a civil
case decided by him; (2) Article 14 of the Code of Commerce, the Anti-Graft and
Corrupt Practices Act, the Civil Service Rules, and the Canons of Judicial Ethics, when he
associated himself with the Traders Manufacturing and Fishing Industries, Inc., as a
stockholder and a ranking officer while he was a judge of the Court of First Instance.
The Supreme Court held that there was no violation of Paragraph 5, Article 1491
of the New Civil Code because the sale took place after nality of the decision; that
respondent may not be held liable under paragraphs 1 and 5, Article 14 of the Code of
Commerce (which is of Spanish vintage), because the provision partakes of the nature
of a political law as it regulates the relationship between the government and certain
public o cers and employees and as such is deemed to have been automatically
abrogated with the change of sovereignty from Spain to the United States; that
respondent cannot be held liable under Paragraph H, Section 3 of the Anti-Graft and
Corrupt Practices Act because there is no showing (a) that he participated or
intervened in his o cial capacity in the business or transaction of the Traders
Manufacturing and Fishing Industries, Inc., or (b) that said corporation gained any
undue advantage by reason of respondent's nancial involvement in it, and because
neither the 1935 nor the 1973 Constitution of the Philippines or any existing law
expressly prohibits members of the Judiciary from engaging or having any interest in
any lawful business.
Respondent is reminded to be more discreet in his private and business
activities.
SYLLABUS
DECISION
MAKASIAR , J : p
"Civil Case No. 3010 of the Court of First Instance of Leyte was a
complaint for partition led by Sinforosa R. Bales, Luz R. Bakunawa,
Anacorita Reyes, Ruperto Reyes, Adela Reyes, and Priscilla Reyes, plaintiffs,
against Bernardita R. Macariola, defendant, concerning the properties left by
the deceased Francisco Reyes, the common father of the plaintiff and
defendant.
"In her defenses to the complaint for partition, Mrs. Macariola alleged
among other things that: a) plaintiff Sinforosa R. Bales was not a daughter
of the deceased Francisco Reyes; b) the only legal heirs of the deceased
were defendant Macariola, she being the only offspring of the rst marriage
of Francisco Reyes with Felisa Espiras, and the remaining plaintiffs who
were the children of the deceased by his second marriage with Irene Ondes;
c) the properties left by the deceased were all the conjugal properties of the
latter and his rst wife, Felisa Espiras, and no properties were acquired by
the deceased during his second marriage; d) if there was any partition to be
made, those conjugal properties should rst be partitioned into two parts,
and one part is to be adjudicated solely to defendant it being the share of
the latter's deceased mother, Felisa Espiras, and the other half which is the
share of the deceased Francisco Reyes was to be divided equally among his
children by his two marriages.
"On June 8, 1963, a decision was rendered by respondent Judge
Asuncion in Civil Case 3010, the dispositive portion of which reads:
"'IN VIEW OF THE FOREGOING CONSIDERATIONS, the Court, upon a
preponderance of evidence, nds and so holds, and hereby renders
judgment (1) Declaring the plaintiffs Luz R. Bakunawa, Anacorita Reyes,
Ruperto Reyes, Adela Reyes and Priscilla Reyes as the only children
legitimated by the subsequent marriage of Francisco Reyes Diaz to Irene
Ondez; (2) Declaring the plaintiff Sinforosa R. Bales to have been an
illegitimate child of Francisco Reyes Diaz; (3) Declaring Lots Nos. 4474,
4475, 4892, 5265, 4803, 4581, 4506 and 1/4 of Lot 1145 as belonging to the
conjugal partnership of the spouses Francisco Reyes Diaz and Felisa
Espiras; (4) Declaring Lot No. 2304 and 1/4 of Lot No. 3416 as belonging to
the spouses Francisco Reyes Diaz and Irene Ondez in common partnership;
(5) Declaring that 1/2 of Lot No. 1184 as belonging exclusively to the
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deceased Francisco Reyes Diaz; (6) Declaring the defendant Bernardita R.
Macariola, being the only legal and forced heir of her mother Felisa Espiras,
as the exclusive owner of one-half of each of Lots Nos. 4474, 4475, 4892,
5265, 4803, 4581, 4506; and the remaining one-half (1/2) of each of said
Lots Nos. 4474, 4475, 4892, 5265, 4803, 4581, 4506 and one-half (1/2) of
one-fourth (1/4) of Lot No. 1154 as belonging to the estate of Francisco
Reyes Diaz; (7) Declaring Irene Ondez to be the exclusive owner of one-half
(1/2) of Lot No. 2304 and one-half (1/2) of one-fourth (1/4) of Lot No. 3416;
the remaining one-half (1/2) of Lot 2304 and the remaining one-half (1/2) of
one fourth (1/4) of Lot No. 3416 as belonging to the estate of Francisco
Reyes Diaz; (8) Directing the division or partition of the estate of Francisco
Reyes Diaz in such a manner as to give or grant to Irene Ondez, as surviving
widow of Francisco Reyes Diaz, a hereditary share of one-twelfth (1/12) of
the whole estate of Francisco Reyes Diaz (Art. 996 in relation to Art. 892, par
2, New Civil Code), and the remaining portion of the estate to be divided
among the plaintiffs Sinforosa R. Bales, Luz R. Bakunawa, Anacorita Reyes,
Ruperto Reyes, Adela Reyes, Priscilla Reyes and defendant Bernardita R.
Macariola, in such a way that the extent of the total share of plaintiff
Sinforosa R. Bales in the hereditary estate shall not exceed the equivalent of
two-fifth (2/5) of the total share of any or each of the other plaintiffs and the
defendant (Art. 983, New Civil Code), each of the latter to receive equal
shares from the hereditary estate, (Ramirez vs. Bautista, 14 Phil. 528;
Diancin vs. Bishop of Jaro, O.G. [3rd Ed.] p. 33); (9) Directing the parties,
within thirty days after this judgment shall have become nal to submit to
this court, for approval, a project of partition of the hereditary estate in the
proportion above indicated, and in such manner as the parties may, by
agreement, deemed convenient and equitable to them taking into
consideration the location, kind, quality, nature and value of the properties
involved; (10) Directing the plaintiff Sinforosa R. Bales and defendant
Bernardita R. Macariola to pay the costs of this suit, in the proportion of one-
third (1/3) by the rst named and two-thirds (2/3) by the second named; and
(11) Dismissing all other claims of the parties [pp. 27-29 of Exh. C].
"The decision in civil case 3010 became nal for lack of an appeal,
and on October 16, 1963, a project of partition was submitted to Judge
Asuncion which is marked Exh. A. Notwithstanding the fact that the project
of partition was not signed by the parties themselves but only by the
respective counsel of plaintiffs and defendant, Judge Asuncion approved it
in his Order dated October 23, 1963, which for convenience is quoted
hereunder in full:
'The parties, through their respective counsels, presented to this Court
for approval the following project of partition:LLjur
The records also reveal that on or about November 9 or 11, 1968 (pp. 481,
477, rec.), complainant herein instituted an action before the Court of First
Instance of Leyte, entitled "Bernardita R. Macariola, plaintiff, versus Sinforosa R.
Bales, et al., defendants," which was docketed as Civil Case No. 4235, seeking the
annulment of the project of partition made pursuant to the decision in Civil Case
No. 3010 and the two orders issued by respondent Judge approving the same, as
well as the partition of the estate and the subsequent conveyances with damages.
It appears, however, that some defendants were dropped from the civil case. For
one, the case against Dr. Arcadio Galapon was dismissed because he was no
longer a real party in interest when Civil Case No. 4234 was led, having already
conveyed on March 6, 1965 a portion of lot 1184-E to respondent Judge and on
August 31, 1966 the remainder was sold to the Traders Manufacturing and Fishing
Industries, Inc. Similarly, the case against defendant Victoria Asuncion was
dismissed on the ground that she was no longer a real party in interest at the time
the aforesaid Civil Case No. 4234 was led as the portion of Lot 1184 acquired by
her and respondent Judge from Dr. Arcadio Galapon was already sold on August
31, 1966 to the Traders Manufacturing and Fishing Industries, Inc. Likewise, the
cases against defendants Sera n P. Ramento, Catalina Cabus, Ben Barraza Go,
Jesus Perez, Traders Manufacturing and Fishing Industries, Inc., Alfredo R.
Celestial and Pilar P. Celestial, Leopoldo Petilla and Remedios Petilla, Salvador
Anota and Enriqueta Anota and Atty. Zotico A. Tolete were dismissed with the
conformity of complainant herein, plaintiff therein, and her counsel.
On November 2, 1970, Judge Jose D. Nepomuceno of the Court of First
Instance of Leyte, who was directed and authorized on June 2, 1969 by the then
Secretary (now Minister) of Justice and now Minister of National Defense Juan
Ponce Enrile to hear and decide Civil Case No. 4234, rendered a decision, the
dispositive portion of which reads as follows:
"A. IN THE CASE AGAINST JUDGE ELIAS B. ASUNCION —
"(1) declaring that only Branch IV of the Court of First Instance of
Leyte has jurisdiction to take cognizance of the issue of the legality and
validity of the Project of Partition [Exhibit "B"] and the two Orders [Exhibits 'C'
and 'C-3'] approving the partition;
"(2) dismissing the complaint against Judge Elias B. Asuncion;
"(3) adjudging the plaintiff, Mrs. Bernardita R. Macariola to pay
defendant Judge Elias B. Asuncion,
"(a) the sum of FOUR HUNDRED THOUSAND PESOS
[P400,000.00] for moral damages;
"(b) the sum of TWO HUNDRED THOUSAND PESOS
[P200,000.00] for exemplary damages;
"(c) the sum of FIFTY THOUSAND PESOS [P50,000.00] for
nominal damages; and
"(d) the sum of TEN THOUSAND PESOS [P10,000.00] for
Attorney's Fees.
"B. IN THE CASE AGAINST THE DEFENDANT MARIQUITA
VILLASIN, FOR HERSELF AND FOR THE HEIRS OF THE DECEASED
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GERARDO VILLASIN —
"(1) Dismissing the complaint against the defendants Mariquita
Villasin and the heirs of the deceased Gerardo Villasin;
"(2) Directing the plaintiff to pay the defendants Mariquita
Villasin and the heirs of Gerardo Villasin the cost of the suit.
"C. IN THE CASE AGAINST THE DEFENDANT SINFOROSA R.
BALES, ET AL., WHO WERE PLAINTIFFS IN CIVIL CASE NO. 3010 —
"(1) Dismissing the complaint against defendants Sinforosa R.
Bales, Adela R. Herrer, Priscilla R. Solis, Luz R. Bakunawa, Anacorita R. Eng
and Ruperto O. Reyes.
"D. IN THE CASE AGAINST DEFENDANT BONIFACIO RAMO —
"(1) Dismissing the complaint against Bonifacio Ramo;
"(2) Directing the plaintiff to pay the defendant Bonifacio Ramo
the cost of the suit.
"SO ORDERED" [pp. 531-533, rec.].
It is further disclosed by the record that the aforesaid decision was elevated
to the Court of Appeals upon perfection of the appeal on February 22, 1971.
I
WE nd that there is no merit in the contention of complainant Bernardita R.
Macariola, under her rst cause of action, that respondent Judge Elias B. Asuncion
violated Article 1491, paragraph 5, of the New Civil Code in acquiring by purchase
a portion of Lot No. 1184-E which was one of those properties involved in Civil
Case No. 3010.
That Article 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 o cers 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 profession" [italics supplied].
The prohibition in the aforesaid Article applies only to the sale or
assignment of the property which is the subject of litigation to the persons
disquali ed therein. WE have already ruled that ". . . for the prohibition to operate,
the sale or assignment of the property must take place during the pendency of the
litigation involving the property" (The Director of Lands vs. Ababa, et al., 88 SCRA
513, 519 [1979]; Rosario vda. de Laig vs. Court of Appeals, 86 SCRA 641, 646
[1978]).
In the case at bar, when the respondent Judge purchased on March 6, 1965
a portion of Lot 1184-E, the decision in Civil Case No. 3010 which he rendered on
June 8, 1963 was already nal because none of the parties therein led an appeal
within the reglementary period; hence, the lot in question was no longer subject of
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the litigation. Moreover, at the time of the sale on March 6, 1965, respondent's
order dated October 23, 1963 and the amended order dated November 11, 1963
approving the October 16, 1963 project of partition made pursuant to the June 8,
1963 decision, had long become final for there was no appeal from said orders.
Furthermore, respondent Judge did not buy the lot in question on March 6,
1965 directly from the plaintiffs in Civil Case No. 3010 but from Dr. Arcadio
Galapon who earlier purchased on July 31, 1964 Lot 1184-E from three of the
plaintiffs, namely, Priscilla Reyes, Adela Reyes, and Luz R. Bakunawa after the
nality of the decision in Civil Case No. 3010. It may be recalled that Lot 1184 or
more speci cally one-half thereof was adjudicated in equal shares to Priscilla
Reyes, Adela Reyes, Luz Bakunawa, Ruperto Reyes and Anacorita Reyes in the
project of partition, and the same was subdivided into ve lots denominated as
Lot 1184-A to 1184-E. As aforestated, Lot 1184-E was sold on July 31, 1964 to Dr.
Galapon for which he was issued TCT No. 2338 by the Register of Deeds of
Tacloban City, and on March 6, 1965 he sold a portion of said lot to respondent
Judge and his wife who declared the same for taxation purposes only. The
subsequent sale on August 31, 1966 by spouses Asuncion and spouses Galapon
of their respective shares and interest in said Lot 1184-E to the Traders
Manufacturing and Fishing Industries, Inc., in which respondent was the president
and his wife was the secretary, took place long after the nality of the decision in
Civil Case No. 3010 and of the subsequent two aforesaid orders therein approving
the project of partition. LLphil
II
With respect to the second cause of action, the complainant alleged that
respondent Judge violated paragraphs 1 and 5, Article 14 of the Code of
Commerce when he associated himself with the Traders Manufacturing and
Fishing Industries, Inc. as a stockholder and a ranking o cer, said corporation
having been organized to engage in business. Said Article provides that:
It is true that under Section 33 of the Civil Service Act of 1959: "The
Commissioner may, for . . . violation of the existing Civil Service Law and rules or of
reasonable o ce regulations, or in the interest of the service, remove any
subordinate o cer or employee from the service, demote him in rank, suspend
him for not more than one year without pay or ne him in an amount not exceeding
six months' salary." Thus, a violation of Section 12 of Rule XVIII is a ground for
disciplinary action against civil service officers and employees.
However, judges cannot be considered as subordinate civil service o cers
or employees subject to the disciplinary authority of the Commissioner of Civil
Service; for, certainly, the Commissioner is not the head of the Judicial Department
to which they belong. The Revised Administrative Code (Section 89) and the Civil
Service Law itself state that the Chief Justice is the department head of the
Supreme Court (Sec. 20, R.A. No. 2260) [1959]); and under the 1973 Constitution,
the Judiciary is the only other or second branch of the government (Sec. 1, Art. X,
1973 Constitution). Besides, a violation of Section 12, Rule XVIII cannot be
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considered as a ground for disciplinary action against judges because to
recognize the same as applicable to them, would be adding another ground for the
discipline of judges and, as aforestated, Section 67 of the Judiciary Act recognizes
only two grounds for their removal, namely, serious misconduct and inefficiency.
Moreover, under Section 16(i) of the Civil Service Act of 1959, it is the
Commissioner of Civil Service who has original and exclusive jurisdiction "(T)o
decide, within one hundred twenty days, after submission to it, all administrative
cases against permanent o cers and employees in the competitive service, and,
except as provided by law, to have nal authority to pass upon their removal,
separation, and suspension and upon all matters relating to the conduct, discipline,
and e ciency of such o cers and employees; and prescribe standards,
guidelines and regulations governing the administration of discipline" (emphasis
supplied). There is no question that a judge belong to the non-competitive or
unclassi ed service of the government as a Presidential appointee and is
therefore not covered by the aforesaid provision. WE have already ruled that ". . . in
interpreting Section 16(i) of Republic Act No. 2260, we emphasized that only
permanent o cers and employees who belong to the classi ed service come
under the exclusive jurisdiction of the Commissioner of Civil Service" (Villaluz vs.
Zaldivar, 15 SCRA 710, 713 [1965], Ang-Angco vs. Castillo, 9 SCRA 619 [1963]).
Although the actuation of respondent Judge in engaging in private business
by joining the Traders Manufacturing and Fishing Industries, Inc. as a stockholder
and a ranking o cer, is not violative of the provisions of Article 14 of the Code of
Commerce and Section 3(h) of the Anti-Graft and Corrupt Practices Act as well as
Section 12, Rule XVIII of the Civil Service Rules promulgated pursuant to the Civil
Service Act of 1959, the impropriety of the same is clearly unquestionable
because Canon 25 of the Canons of Judicial Ethics expressly declares that:
"A judge should abstain from making personal investments in
enterprises which are apt to be involved in litigation in his court; and, after
his accession to the bench, he should not retain such investments previously
made, longer than a period su cient to enable him to dispose of them
without serious loss. It is desirable that he should, so far as reasonably
possible, refrain from all relations which would normally tend to arouse the
suspicion that such relations warp or bias his judgment, or prevent his
impartial attitude of mind in the administration of his judicial duties. . . ."
WE are not, however, unmindful of the fact that respondent Judge and his
wife had withdrawn on January 31, 1967 from the aforesaid corporation and sold
their respective shares to third parties, and it appears also that the aforesaid
corporation did not in anyway bene t in any case led by or against it in court as
there was no case led in the different branches of the Court of First Instance of
Leyte from the time of the drafting of the Articles of Incorporation of the
corporation on March 12, 1966, up to its incorporation on January 9, 1967, and the
eventual withdrawal of respondent on January 31, 1967 from said corporation.
Such disposal or sale by respondent and his wife of their shares in the corporation
only 22 days after the in corporation of the corporation, indicates that respondent
realized that early that their interest in the corporation contravenes the aforesaid
Canon 25. Respondent Judge and his wife therefore deserve the commendation
for their immediate withdrawal from the rm after its incorporation and before it
became involved in any court litigation.
III
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With respect to the third and fourth causes of action, complainant alleged
that respondent was guilty of coddling an impostor and acted in disregard of
judicial decorum, and that there was culpable de ance of the law and utter
disregard for ethics. WE agree, however, with the recommendation of the
Investigating Justice that respondent Judge be exonerated because the aforesaid
causes of action are groundless, and WE quote the pertinent portion of her report
which reads as follows:
"The basis for complainant's third cause of action is the claim that
respondent associated and closely fraternized with Dominador Arigpa Tan
who openly and publicly advertised himself as a practising attorney (see
Exhs. I, I-1 and J) when in truth and in fact said Dominador Arigpa Tan does
not appear in the Roll of Attorneys and is not a member of the Philippine Bar
as certified to in Exh. K.
The "respondent denies knowing that Dominador Arigpa Tan was an
'impostor' and claims that all the time he believed that the latter was a bona
fide member of the bar. I see no reason for disbelieving this assertion of
respondent. It has been shown by complainant that Dominador Arigpa Tan
represented himself publicly as an attorney-at-law to the extent of putting up
a signboard with his name and the words 'Attorney-at-Law' (Exh. I and I-1) to
indicate his o ce, and it was but natural for respondent and any person for
that matter to have accepted that statement on its face value.
"Now with respect to the allegation of complainant that respondent is
guilty of fraternizing with Dominador Arigpa Tan to the extent of permitting
his wife to be a godmother of Mr. Tan's child at baptism (Exh. M & M-1), that
fact even if true did not render respondent guilty of violating any canon of
judicial ethics as long as his friendly relations with Dominador A. Tan and
family did not in uence his o cial actuations as a judge where said
persons were concerned. There is no tangible convincing proof that herein
respondent gave any undue privileges in his court to Dominador Arigpa Tan
or that the latter bene tted in his practice of law from his personal relations
with respondent, or that he used his in uence, if he had any, on the Judges
of the other branches of the Court to favor said Dominador Tan.
"Of course it is highly desirable for a member of the judiciary to
refrain as much as possible from maintaining close friendly relations with
practising attorneys and litigants in his court so as to avoid suspicion 'that
his social or business relations or friendship constitute an element in
determining his judicial course" (par. 30, Canons of Judicial Ethics), but if a
Judge does have social relations, that in itself would not constitute a ground
for disciplinary action unless it be clearly shown that his social relations
beclouded his o cial actuations with bias and partiality in favor of his
friends" (pp. 403-405, rec.).
In conclusion, while respondent Judge Asuncion, now Associate Justice of
the Court of Appeals, did not violate any law in acquiring by purchase a parcel of
land which was in litigation in his court and in engaging in business by joining a
private corporation during his incumbency as judge of the Court of First Instance
of Leyte, he should be reminded to be more discreet in his private and business
activities, because his conduct as a member of the Judiciary must not only be
characterized with propriety but must always be above suspicion. LibLex