#131 JAD
LIHAYLIHAY vs. JUDGE ALEJANDRO CANDA A.M. No.
MTJ-06-1659.June 18, 2009
Nature of the case: ADMINISTRATIVE MATTER in the
Supreme Court. Violation of Canon 2 of the Code of Judicial
Conduct.
SC Decision: The Court finds Judge Candat, Liloy-
Tampilisan, GUILTY of GROSS MISCONDUCT
CONSTITUTING VIOLATIONS OF THE CODE OF
JUDICIAL CONDUCT. Accordingly, the Court FINES him
P40,000 and STERNLY WARNS him that a repetition of the
same or similar acts shall be dealt with more severely.
Legal Doctrine:
The image of the judiciary is reflected in the
conduct of its officials and it must not be subjected the
judiciary to embarrassment.
FACTS:
Petitioner filed a complaint against Judge Canda for
the ff. acts:
(1) threatening Lihaylihay with her “fair share of trouble in
due time” (because he thought she was supporting an
applicant for sheriff which he opposed);
(2) filing administrative complaints and a criminal case to
harass her;
(3) describing her as a “GRO,” “undignified,” a “whore,”
“disgusting,” “repulsive,” “pakialamera,” “offensive,”
“demeaning,” and “inappropriate” (in a letter he wrote to the
Executive Judge after he found out she had him blotted with
the police because of the text threat); and
(4) publishing such foul remarks in the newspaper are very
unbecoming a judge.
ISSUE:
Whether or not the respondent has violated Cannon
4 – Propriety of Code of Judicial Conduct?
RULING:
Yes. Sec. 2, Canon 4: As a subject of constant
public scrutiny, judges must accept personal restrictions that
might be viewed as burdensome by the ordinary citizen…in
particular, judges shall conduct themselves in a way that is
consistent with the dignity of the judicial office.
Sec. 6, Canon 4: Judges are entitled to freedom of
expression, but in exercising such right, they shall always
conduct themselves in a manner as to preserve the dignity
of the judicial office.
The acts committed by Judge Canda are
unbecoming of a judge, and these subjected the judiciary to
embarrassment. He was fined and was given a stern
warning for having guilty of gross misconduct.