Mohammad

Disbarment Proceedings (Rule 139-B)

GArciano v. Sebastian, A.M. MTJ-88-160, 1994

Facts: Judge Jose R.  Sebastian of Metropolitan Trial Court, Br.  78, Parañaque, is
administratively charged with malversation, falsification of public document, and maintaining a
common fund among others. He is accused of paying Php6, 000 only to the Judiciary
Development Fund out of the Php12,000 paid by Interworld Assurance Corporation for the
confiscation   of   bonds   in   ten (10)   criminal cases (misappropriation of  public  funds).  It is
also alleged that Sebastian made it appear that the trial fiscal participated in the dismissal of
criminal cases numbers 65628- 30 when the minutes for hearing of November 10, 1988 shows
that no party appeared in the hearing (falsification of public document.) He is also accused of
pocketing money he collected for civil marriages he conducted and maintaining a common fund
that he collects from litigants which he appropriated for himself. He was found guilty in RTC for
the 3 mentioned charges and all the other cases were dismissed.
 
Issue: Whether Judge Sebastian violated the Code of Judicial Conduct
 
Held: Yes. Violations of the Code of Judicial Conduct are serious offenses punishable by
dismissal from the service; and that the infractions of respondent taken together render him unfit
to discharge the duties and functions of a judge. Respondent judge miserably failed to measure
up to stringent judicial standards. His lack of candor, gross misconduct and careless discharge
of his administrative duties, and worse, leading his subordinates to graft and corruption through
unauthorized solicitations from litigants and private parties, constitute a serious liability to the
administration of justice. As rightly perceived by the Office of the Court Administrator, his
transgressions when considered together are grave and cannot be countenanced.