FACTS: This is an administrative complaint filed against Judge Recaredo P. Barte, of RTC Zamboanga del Sur, Branch 29 for bias and partiality for the acquittal of Nenito Gadonan, the accused in a double murder case in the sala of respondent.
Respondent does not deny the fact that he has an illicit relationship woth the daughter of the accused, Richel Gadonan, a woman not his wife.
Noticeably, complainants did not take any action to inhibit respondent from the case at the time of the trial. It was only when they learned about the special relationship of respondent Judge and a daughter of the accused after the trial of the criminal cases that they speculated on the partiality of respondent. Hence they filed this administrative case asking that the criminal cases before the RTC, Zamboanga del Sur should again be tried because the presiding judge, herein respondent, was biased and partial in favor of the accused.
ISSUE: Whether or not a judge’s illicit relationship with the daughter of the accused sufficient to reverse his judgment of acquittal in an administrative case.
HELD: No. In an administrative case, the court can only pass upon the administrative liability of the respondent. It cannot be a substitute for other judicial remedies available to the complainant, such as a Motion for Reconsideration or a Special Civil Action for Certiorari.
Canon 2 of the Code of Judicial Conduct provides that a judge should avoid impropriety and the appearance of impropriety in all activities. A judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times, in the performance of his official duties and in his everyday life. Respondent’s intimate relationship with a woman other than his wife shows his moral indifference to the opinion of a good and respectable member of the community.
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