Macariola vs Asuncion

A.M. No. 133-J

114 SCRA 77

May 31, 1982

Petitioner: Bernardita R. Mecariola

Respondent: Hon. Elias B. Asuncion,
in his capacity as Judge of Court of First Instance (CFI) Leyte

FACTS: Respondent judge rendered a final decision in Civil Case No. 2012 for lack of an appeal. A project of partition was submitted to him, which he later approved. Among the parties thereto was petitioner Macariola.

One of the properties mentioned in the project of partition was Lot 1184. This lot was adjudicated t the plaintiffs Reyes in equal shares subdividing Lot 1184 into five (5) lots denominated as Lot 1184-A to 1184-E.

The fifth lot, Lot 1184-E, was sold to a Dr. Arcadio Galapon who later sold a portion of the lot to respondent Judge Asuncion and his wife Victoria. Spouses Asuncion and Galapon conveyed their respective shares and interests in Lot 1184-E to Traders Manufacturing and Fishing Industries, Inc, owned and managed by Judge Asuncion.

Macariola then filed an instant complaint in the CFI of Leyte against Judge Asuncion charging him with "Acts Unbecoming of a Judge" invoking Art 1491, par. 5 of the New Civil Code, pars.1 and 5 of the Code of Commerce, Sec. 3 par. H of RA No. 3019, Section 12 Rule XVIII of the Civil Service Rules and Canon 25 of the Canons of Judicial Ethics. A certain Judge Nepomuceno however dismissed such complaints.  Hence, the case at bar.

ISSUE: Whether or not Judge Asuncion's act does not violate the above-mentioned provisions.

HELD: The Court held that respondent Judge Asuncion's acts did not constitute an "Act Unbecoming of a Judge" but he was reminded to be more discreet in his private and business activities for next time.

Article 1491, par. 5 of the New Civil Code applies only to the sale or assignment of the property which is the subject of litigation to the persons disqualified therein. Respondent judge purchased the said lot after the decision rendered was already final because no party filed for an appeal within the reglementary period which makes the lot in question no longer the subject to litigation. Furthermore, Judge Asuncion did not buy the lot in question directly from plaintiffs, rather from a Dr. Arcadio Galapon. 

Petition is hereby DENIED. 

• Constitutional Law 1 (Textbook: Cruz, Professor: Atty. Usita)

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