Sunday, January 24, 2010

Mercado vs Dysangco 385 SCRA 329, July 30, 2002

Facts: In a sworn complaint dated May 29, 1997, complainants Flordeliza C. Alejo, Arsenio L. Carpio, Cirilo I. Mercado, and Pedro V. Soriano charged Judge Hector F. Dysangco, Acting Presiding Judge of the 2nd Municipal Circuit Trial Court of Natividad-Llanera, Nueva Ecija, and Teresita S. Esteban, Clerk of Court of the same court, with grave misconduct. The complainants alleged that prior to the Barangay Elections of May 12, 1997, forty-eight (48) persons filed with the said court separate petitions for inclusion in the voters’ list. Of these forty-eight (48) petitioners, nine (9) were supporters of complainant Cirilo I. Mercado, while thirty-nine (39) were supporters of his opponent Alejandro Gonzales. Mercado and Gonzales were candidates for the position of Barangay Chairman of Kabulihan, Gen. Natividad, Nueva Ecija. Consequently, Mercado and the other complainants filed an opposition to the petition of the thirty-nine (39) supporters of Gonzales. The hearings of the petitions were set on April 17, April 28, May 6, May 8, and May 9, 1997. The first three scheduled hearings were cancelled due to the absence of either respondent judge or petitioners’ counsel. The May 8 hearing proceeded but only the nine (9) petitioners supporting complainant Mercado presented their evidence. The thirty-nine (39) petitioners supporting Gonzales requested the postponement of the hearing to May 9. However, on that day, those petitioners and their counsel failed to appear in court. Thus, respondent judge dismissed their petitions in open court.On May 10 (Saturday), respondent judge, when approached by herein complainants, assured them that he did not issue any order for the inclusion of the thirty-nine (39) petitioners in the voters’ list of Barangay Kabulihan.However, on the day of the election, complainants were surprised to find thirty-four (34) of the thirty-nine (39) petitioners with an Order signed by respondent judge and attested by respondent clerk of court,2 directing their inclusion in the voters’ list of Barangay Kabulihan.Complainants averred that the issuance of the Order by respondent judge was "highly anomalous, illegal, and patently of dubious origin" because not one of the thirty-nine (39) petitioners presented evidence or appeared in the scheduled hearings. Respondents, therefore, aided and abetted thirty-four (34) flying voters in violating the Election Laws and in influencing the result of the Barangay Elections in Kabulihan, Gen. Natividad, Nueva Ecija. Respondents filed separate comments on the complaint. Respondent judge denied committing any anomaly in ordering the inclusion of the thirty–four (34) petitioners in the voters’ list of Barangay Kabulihan. He explained that his Order was based on his interviews with those petitioners, who registered as voters in the said barangay during the registration on June 14-15 and 21-22, 1997, per Certification issued by the Office of the Election Officer.

Issue: whether or not Judge Dysangco is held for gross ignorance of law or procedure and gross misconduct constituting violation of the Code of Judicial Conduct

Held: WHEREFORE, for gross ignorance of law or procedure and gross misconduct constituting violation of the Code of Judicial Conduct, respondent Judge HECTOR F. DYSANGCO, Presiding Judge of the Municipal Trial Court of Sta. Rosa, Nueva Ecija, then Acting Presiding Judge of the 2nd Municipal Circuit Trial Court, Natividad-Llanera, same province, is SUSPENDED for four (4) months without salary and other benefits. He is warned that a repetition of the same or similar acts will be dealt with more severely.

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