WILMOR HADAP, ET AL.,, vs.

MUNICIPAL JUDGEABELARDO LEE, Bacon,

Sorsogon
Adm. Matter No. 1665-MJ. June 19, 1982.
Digested by: Eloisa Joyce Militar
Facts:
Respondent Judge was charged with dishonesty and conduct unbecoming of a judge;
partiality; using prisoners/detained prisoners for his personal purposes; using his
residence as the Municipal Judge's O􀀺ce; habitual use of vulgar and obscene words
and phrases; and willful refusal to attend 􀀻ag ceremonies. The Executive Judge to
whom the complaint was referred for investigation, report and recommendation,
dismissed all the charges as without basis in law and in fact, except the charges of
conduct unbecoming of a judge and the use of vulgar and obscene language during
wedding ceremonies and the off-rostrum comments in a rape case. The Inquest Judge
found as conduct unbecoming of a judge respondent's having written and sent two
letters to a lady teacher, separated from her husband, asking her to see him without fail
in his office, in his house, where he lived alone, at any time from 6:00 o'clock in the
evening, and telling her to keep it a secret.

The Investigator concluded that the writing of the letters was motivated by or created a
suspicion of an immoral purpose. He recommended dismissal of respondent from the
bench. On review, the Deputy Court Administrator further found highly irregular the
practice of respondent in sending notes to the jailer asking him to send certain prisoners
to his house allegedly to question them in relation to their cases.

Issue:
Whether or not habitual use of vulgar and obscene words and phrases and overt
acts to open the door for the commission of an immoral act constitute conducts
unbecoming of a judge.

Ruling:
Yes. Respondent Judge who performed overt acts which open the door for the
commission of an immoral purpose; who habitually used vulgar and obscene language
during marriage ceremonies; and who asked detained prisoners to see him in his house
even for the alleged purpose of questioning them regarding their cases is guilty of
conduct unbecoming of a judge and should be dismissed from the Bench with forfeiture
of retirement benefits and with prejudice to re-employment in any national or local
government office or agency, including government-owned or controlled corporation or
instrumentality.

The Supreme Court held respondent Judge guilty on the three counts as found by the
Inquest Judge and the Deputy Court Administrator, and taking into consideration his
previous censure in Espayos vs. Lee, dismissed respondent as Judge of the Municipal
Court of Bacon, Sorsogon, with forfeiture of retirement benefits and with prejudice to re-
employment in any national or local government office or agency, including government-
owned or controlled corporation or instrumentality.