BELGICA, ELEAZAR B SLC JD-1

Sonia Decena and Rey Decena v Judge Nilo Malanyaon, AM No. RTJ-10-2217, April 9, 2013

FACT:

It was during an administrative hearing involving Dr. Malanyaon, where she was represented by her
daughter, Atty. Ma. Kristina Malanyaon as her counsel, Judge Nilo Malanyaon sat down beside Atty. Ma.
Kristina, his daughter during the proceedings. On several occassions, Atty. Ma. Kristina made
manifestations while glancing on the paper handed by her father, Judge Malanyaon. The counsel for the
complainant questioned the propriety of Judge Malanyaon to be sitting and assisting his daughter during
the proceedings. Judge Malanyaon justified that he was merely assisting his daughter who just recently
passed the bar. The complainant invoked that the actuation of the respondent is a conduct unbecoming
of a judge in violation of the New Code of Judicial Conduct where judges are prohibited from engaging in
the private practice of law or giving professional advice to the clients.

ISSUE:

Is the respondent guilty of conduct unbecoming of a judge?

RULING:

It was held that the act of the respondent of sitting beside his daughter on a seat reserved for lawyers
during a hearing manifests the presumption and of his intention to exert influence as a judge on the
case. In addition, the respondent also admitted that he needs to guide his daughter during the
proceedings where he coached and advised her and also admitted that it was his filial duty to be there
for his wife and daughter. His conduct constitutes private practice of a lawyer. The respondent should
have restrained himself from acting the same for these are not enough reasons for his to forsake the
ethical conducted expected of him as a judge.

The court also found that it was clear that the respondent engaged in a private practice of a lawyer
when he coached his daughter in open court in making manifestations, posing motions, and preparing
questions for his daughter to ask before the proceedings. He did so willingly and deliberately and after
announcing when questioned about his presence that he is the counsel of his daughter.

It was also pointed out that a lawyer who accepts an appointment to the Bench must know that their
right to practice law as a member of the Philippine Bar is suspended and shall continue throughout their
tenure as a judge. Judges are subject to constant public scrutiny thus they should willingly and freely
accept the restrictions on their conduct.

The respondent was therefore guilty for conduct unbecoming of a judge and penalizes him with a fine of
P40,000.00 with his disability retirement from the Judiciary having been earlier granted by the Court,
the fine shall be deducted from his remaining retirement benefits.