Cayao Vs Del Mundo PDF
Cayao Vs Del Mundo PDF
Cayao Vs Del Mundo PDF
*
A.M. No. MTJ-93-813. September 15, 1993.
Judges; A judge must accord due process and not insist that
person with whom he is angry choose which of three punishments
the latter should undergo.—As previously mentioned, complainant
was condemned by his own accuser without the benefit of due
process. Complainant was not even accorded any of the basic
rights to which an accused is entitled. When respondent insisted
on punishing him without a chance to air his side, complainant
was deprived of the presumption of innocence, the right to be
heard by himself and counsel, the right to be informed of the
nature and cause of the accusation against him as well as the
right to an impartial and public trial. Moreover, complainant was
made to execute a waiver of detention without the assistance of
counsel. Worse, the aforesaid waiver was even subscribed by
complainant before the very same judge who was his accuser.
Certainly, such intentional and blatant violations of one’s
constitutional rights committed by respondent cannot be tolerated
by this Court.
Same; A judge should follow criminal procedural rules rather
than intimidate people to submission to his excesses.—
Furthermore, the reprehensible conduct exhibited by respondent
judge in the case at bar exposed his total disregard of, or
indifference to, or even ignorance of, the procedure prescribed by
law. His act of intentionally violating the law and disregarding
well-known legal procedures can be characterized as gross
misconduct, nay a criminal misconduct on his part (Babatio vs.
Tan, 157 SCRA 277 [1988]). He used and abused his position of
authority in intimidating the complainant as well as the members
of the Indang police force into submitting to his excesses.
Likewise, he closed his eyes to the mandates of the Code of
Judicial Conduct to always conduct himself as to be beyond
reproach and suspicion not only in the performance of his duties
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but also outside his sala and as a private individual (Castillo vs.
Calanog, Jr., 199 SCRA 75 [1991]).
_______________
* EN BANC.
493
RESOLUTION
PER CURIAM:
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496
xxx
“COURT:
“Q Alright, did you or did you not in fact detain Fernando
Cayao on that premises? On the ground of that
premises?
“WITNESS (jail warden):
“A I did not put him inside the jail, your Honor, but he
was inside the police station.
xxx
“COURT:
“Q Alright, as a police officer, I ask you again, did you or
did you not detain Fernando Cayao based on the
premises that you said under oath before this Court?
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xxx
“Q So, summarily speaking, you feel that you were
detained in
497
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——o0o——
499
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