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    Case Digest 04 Final

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    Rbs Yano
    1. Complainants filed an administrative complaint against Judge Jacinto Gonzales for gross misconduct in handling a civil case and for failing to disclose a pending criminal case when applying to be a judge. 2. The complainants alleged that Judge Gonzales was arrogant during hearings by not wearing his judicial robe, smoking cigarettes, and banging his gavel unnecessarily. 3. The Court found Judge Gonzales guilty of violating a Supreme Court circular requiring judges to wear robes during court sessions. Judge Gonzales was ordered to pay a 12,000 peso fine and warned that future violations would be dealt with more severely.

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    Case Digest 04 Final

    Uploaded by

    Rbs Yano
    25 views1 page
    1. Complainants filed an administrative complaint against Judge Jacinto Gonzales for gross misconduct in handling a civil case and for failing to disclose a pending criminal case when applying to be a judge. 2. The complainants alleged that Judge Gonzales was arrogant during hearings by not wearing his judicial robe, smoking cigarettes, and banging his gavel unnecessarily. 3. The Court found Judge Gonzales guilty of violating a Supreme Court circular requiring judges to wear robes during court sessions. Judge Gonzales was ordered to pay a 12,000 peso fine and warned that future violations would be dealt with more severely.

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    LEGAL ETHICS

    Original Title

    CASE DIGEST 04 FINAL

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    1. Complainants filed an administrative complaint against Judge Jacinto Gonzales for gross misconduct in handling a civil case and for failing to disclose a pending criminal case when applying to be a judge. 2. The complainants alleged that Judge Gonzales was arrogant during hearings by not wearing his judicial robe, smoking cigarettes, and banging his gavel unnecessarily. 3. The Court found Judge Gonzales guilty of violating a Supreme Court circular requiring judges to wear robes during court sessions. Judge Gonzales was ordered to pay a 12,000 peso fine and warned that future violations would be dealt with more severely.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views1 page

    Case Digest 04 Final

    Uploaded by

    Rbs Yano
    1. Complainants filed an administrative complaint against Judge Jacinto Gonzales for gross misconduct in handling a civil case and for failing to disclose a pending criminal case when applying to be a judge. 2. The complainants alleged that Judge Gonzales was arrogant during hearings by not wearing his judicial robe, smoking cigarettes, and banging his gavel unnecessarily. 3. The Court found Judge Gonzales guilty of violating a Supreme Court circular requiring judges to wear robes during court sessions. Judge Gonzales was ordered to pay a 12,000 peso fine and warned that future violations would be dealt with more severely.

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    You are on page 1of 1

    SECOND DIVISION case no 4

    A.M. No. MTJ-16-1876 (Formerly OCA I.P.I. No. 14-2668-MTJ), April 26, 2017

    JOCELYN MCLAREN, JUNARIO VILLAMAYOR, RESTITUTO BARLES, JANG JONG


    DAE, AMANDA TALIBONG, NOMER A. TALIBONG AND EMELYN
    FREJOLES, Complainant, v. HONORABLE JACINTO C. GONZALES, PRESIDING
    JUDGE MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, OLONGAPO
    CITY, Respondents.

    FACTS

    On March 17, 2014, complainants Jocelyn Mclaren, et al. filed an administrative


    complaint against respondent Judge Jacinto C. Gonzales, Municipal Trial Court in Cities
    (MTCC), Branch 2, Olongapo City for gross misconduct in connection with Civil Case No.
    7439, entitled "Subic International Hotel Corp. v. Jocelyn Mclaren, et al." and for gross
    dishonesty in failing to disclose that he had a pending criminal case filed against him
    when he applied for judgeship in the Judiciary.

    Moreover, complainants said that respondent arbitrarily issued in open court, without
    legal basis, an Order denying all motions of the parties. They alleged that respondent
    was arrogant during the hearings, not wearing the judicial robe, incessantly puffing a
    lighted cigarette, and unnecessarily banging the gavel.

    ISSUE

    1. Whether or not respondent Judge Gonzales should be held administratively liable


    for gross misconduct for his alleged hostile behavior toward complainants'
    counsel which resulted in the filing of a motion for inhibition, and for his alleged
    arrogance during the hearing with his non-wearing of the judicial robe, smoking
    and unnecessarily banging the gavel; and

    HELD

    Respondent's act of not wearing the judicial robe during court sessions is violative of
    Administrative Circular No. 25 dated June 9, 1989, thus:

    Pursuant to Sections 5 and 6, Article 8 of the Constitution and in order to heighten


    public consciousness on the solemnity of judicial proceedings, it is hereby directed that
    beginning Tuesday, August 1, 1989, all Presiding Judges of all Trial Courts shall wear
    black robes during sessions of their respective courts.7

    Under the principles of statutory construction, the term "shall" is mandatory.8 The
    Circular orders all Presiding Judges of all trial courts to wear their black robes during
    sessions in their respective courts.

    Under Section 9(4), Rule 140 of the Revised Rules of Court, violation of Supreme Court
    rules, directives and circulars is considered a less serious charge and punishable under
    Section 11 (B) of the Revised Rules of Court with suspension from office without salary
    and other benefits for not less than one month nor more than three months, or a fine of
    more than P10,00.0.00 but not exceeding P20,000.00.

    WHEREFORE, the Court finds respondent Judge Jacinto C. Gonzales, Municipal Trial
    Court in Cities, Branch 2, Olongapo City, guilty of violating Administrative Circular No.
    25 dated June 9, 1989. Respondent Judge Jacinto C. Gonzales is ORDERED to PAY a
    fine of Twelve Thousand Pesos (P12,000.00), with a warning that the commission of a
    similar act in the future shall be dealt with more severely.

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