AM 98 1 32 RTC; (July, 1998) (Digest)
G.R. No. A.M. No. 98-1-32-RTC July 29, 1998
Re: Inhibition of Judge Bienvenido R. Estrada, Regional Trial Court, Branch 57, San Carlos City, Pangasinan, in Civil Case No. SCC-1822
FACTS
Judge Bienvenido R. Estrada of the Regional Trial Court, Branch 57, San Carlos City, Pangasinan, inhibited himself on April 22, 1996, from hearing Civil Case No. SCC-1822, entitled “The Umengan Estate, represented by Dra. Salud G. Umengan v. Rural Bank of Binmaley, et al.,” because he was a member of the Board of Directors of the Rural Bank of Labrador, one of the respondents. The Court, noting this inhibition, required Judge Estrada to explain why no disciplinary sanction should be imposed for holding such a position. In his explanation, Judge Estrada stated he had resigned from the Board effective May 31, 1997. Records showed he was appointed to the Judiciary on May 17, 1994. The Office of the Court Administrator reported that Judge Estrada failed to comply with Circular No. 6 dated April 10, 1987, which enjoins judges from holding such positions, and that his subsequent resignation did not excuse his administrative liability.
ISSUE
Whether Judge Bienvenido R. Estrada should be held administratively liable for violating Circular No. 6 dated April 10, 1987, by holding a position as a member of the Board of Directors of the Rural Bank of Labrador while serving as a judge.
RULING
Yes, Judge Estrada is administratively liable. The Court found the report of the Office of the Court Administrator well-taken. Circular No. 6 strictly enjoins all judges not to accept or to resign immediately from positions such as director in any enterprise to avoid prejudicing the administration of justice. Judge Estrada, appointed to the judiciary on May 17, 1994, violated this circular by not resigning from the Board until May 31, 1997. His resignation and claimed good faith were considered only as mitigating factors, not as excuses for his ignorance of the law and circulars. Accordingly, Judge Bienvenido R. Estrada is REPRIMANDED with a WARNING that repetition of the same or similar acts will be dealt with more severely.