AM MTJ 11 1801; (February, 2013) (Digest)
G.R. No. MTJ-11-1801. February 27, 2013. ANONYMOUS, Complainant, vs. JUDGE RIO C. ACHAS, Municipal Trial Court in Cities, Branch 2, Ozamiz City, Misamis Occidental, Respondent.
FACTS
An anonymous letter-complaint was filed against Judge Rio C. Achas, alleging immorality, conduct unbecoming, living beyond his means, involvement with illegal elements, untidy appearance, deciding cases unfairly for consideration, and involvement in cockfighting. The Office of the Court Administrator referred the matter for discreet investigation. Executive Judge Miriam Orquieza-Angot reported that Judge Achas was separated from his legal wife and was occasionally seen in public with a young woman, a fact known around town. Other allegations were found vague or unsubstantiated. In a subsequent formal investigation by Executive Judge Salome P. Dungog, the anonymous complainant did not appear. Judge Achas denied all charges but admitted to being separated de facto from his wife for 26 years and to rearing gamecocks for leisure and extra income.
ISSUE
Whether Judge Rio C. Achas is administratively liable based on the anonymous complaint.
RULING
Yes, but only for conduct unbecoming a judge. The Court dismissed most charges for lack of evidence, as anonymous complaints require support from public records of indubitable integrity, which was absent here; the complainant did not testify, and Judge Achas’s denials remained uncontroverted. However, the Court found Judge Achas liable for violating the New Code of Judicial Conduct regarding propriety and integrity. His admitted act of publicly socializing with a woman not his wife, which was known in the community, and his involvement in rearing gamecocks created an appearance of impropriety, failing to uphold the judiciary’s dignity and public confidence. The Court emphasized that a judge’s personal conduct must always be beyond reproach. Applying Rule 140, as amended, “unbecoming conduct” is a light charge. Considering his previous administrative case for misconduct, Judge Achas was reprimanded, fined ₱5,000.00, admonished not to mingle with cockfighting enthusiasts, and sternly warned that a repetition would be dealt with more severely.