Scribd Logo
Upload

Welcome to Scribd!

  • 76 views

    02 Cañeda V Mechavez

    Uploaded by

    Basil Maguigad
    Judge Menchavez lost his temper on multiple occasions during a heated argument between lawyers in his courtroom. He banged his gavel so hard that it broke and flew towards one of the lawyers. Later, he came out of his chambers with a gun and smashed it on the table while shouting at one of the lawyers. The Supreme Court ruled that Judge Menchavez violated the Code of Judicial Conduct by failing to remain temperate, patient, and courteous. Bringing out a gun in the courtroom without any overt acts of physical aggression was especially inexcusable. Judges must maintain order and decorum in proceedings and require similar conduct from others.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    02 Cañeda V Mechavez

    Uploaded by

    Basil Maguigad
    76 views1 page
    Judge Menchavez lost his temper on multiple occasions during a heated argument between lawyers in his courtroom. He banged his gavel so hard that it broke and flew towards one of the lawyers. Later, he came out of his chambers with a gun and smashed it on the table while shouting at one of the lawyers. The Supreme Court ruled that Judge Menchavez violated the Code of Judicial Conduct by failing to remain temperate, patient, and courteous. Bringing out a gun in the courtroom without any overt acts of physical aggression was especially inexcusable. Judges must maintain order and decorum in proceedings and require similar conduct from others.

    Original Description:

    Ateneo Law

    Original Title

    02 Cañeda v Mechavez

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Judge Menchavez lost his temper on multiple occasions during a heated argument between lawyers in his courtroom. He banged his gavel so hard that it broke and flew towards one of the lawyers. Later, he came out of his chambers with a gun and smashed it on the table while shouting at one of the lawyers. The Supreme Court ruled that Judge Menchavez violated the Code of Judicial Conduct by failing to remain temperate, patient, and courteous. Bringing out a gun in the courtroom without any overt acts of physical aggression was especially inexcusable. Judges must maintain order and decorum in proceedings and require similar conduct from others.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    76 views1 page

    02 Cañeda V Mechavez

    Uploaded by

    Basil Maguigad
    Judge Menchavez lost his temper on multiple occasions during a heated argument between lawyers in his courtroom. He banged his gavel so hard that it broke and flew towards one of the lawyers. Later, he came out of his chambers with a gun and smashed it on the table while shouting at one of the lawyers. The Supreme Court ruled that Judge Menchavez violated the Code of Judicial Conduct by failing to remain temperate, patient, and courteous. Bringing out a gun in the courtroom without any overt acts of physical aggression was especially inexcusable. Judges must maintain order and decorum in proceedings and require similar conduct from others.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Ethics: Canon 6, New Code - 02

    Basil Maguigad
    Caeda vs. Mechavez courtroom. This, the respondent judge failed to do. The
    AM No. RTJ-06-2026, March 4, 2009 |Brion, J., severity of his violation is not tampered by his allegation that
    the complainant himself contributed to the events that led to
    FACTS the respondents show of temper.

    Atty. Caneda (complainant) was the counsel of the In Juan dela Cruz (Concerned citizen of Legazpi City) v. Judge
    defendants in a partition case being resolved under the Ruben B. Carretas, we had occasion to say:"Equanimity and
    sala of RTC Judge Menchavez. judiciousness should be the constant marks of a dispenser of
    justice. A judge should always keep his passion guarded. He can
    Atty. Caneda wanted to move for settlement only in case that never allow it to run loose and overcome his reason x x x"
    the opposing counsel shall withdraw its motion for
    reconsideration pending in the Supreme Court. The opposing Similarly in Rowena v. Guanzon, et al. v. Judge Anastacio C.
    counsel refused to such settlement. Now, Atty. Caneda wanted Rufon, the Court declared - "although respondent judge may
    to resolve the issue thru mediation. A heated argument attribute his intemperate language to human frailty, his noble
    between the two counsels of the partition case caused Judge position in the bench nevertheless demands from him
    Menchavez to lose his temper. Judge Menchavez said: courteous speech in and out of court. Judges are demanded to
    Nevermind mediation, its useless! be always temperate, patient and courteous both in conduct
    and in language."
    Then Atty. Caneda remarked that the case is being delayed
    because no proper summons (by publication) was served to the WHEREFORE, premises considered, Judge ERIC F. MENCHAVEZ,
    parties of the partition case. Again, Judge Menchavez lost his of the Regional Trial Court, Branch 21, Cebu City, is hereby
    temper shouting I said no publication period!, while declared LIABLE for vulgar and unbecoming conduct as a judge.
    banging his gavel. He banged it so hard that the head broke off Accordingly, a fine of P10,000.00 is imposed upon him with
    and flew towards Atty. Caneda almost hitting him. The a WARNING that a repetition of the same or similar infraction
    Judge then quickly returned to his chambers. After a few will be dealt with more severely. The complainant is given
    minutes, he came out with a gun and smashed it on the the ADMONITION that in representing his clients, he should
    table. He shouted at Atty. Caneda, What do you want? Devil! ever be mindful of the respect due to the court and avoid
    Hardheaded! actions bordering on disrespect.

    Atty. Caneda apologized but was ignored by Judge


    Menchavez and moved to hear the next case.

    Upon the complaint by Atty. Caneda, Menchavez claims


    that the bringing out of the gun was made in defense of his
    life because the conversations inside the courtroom was
    that too intense.

    ISSUE(S)

    Whether or not Judge Menchavez violated the Code of


    Judicial Conduct.

    RULING

    Yes. The Supreme Court ruled that Judges are demanded to


    be always temperate, patient and courteous both in
    conduct and in language.

    Since the alternative recourses available to the respondent did


    not take place, we share the OCA's observation that the
    respondent overreacted in his handling of the situation before
    his court. Bringing out a gun for everyone present in the
    court to see, even for purposes of maintaining order and
    decorum in the court, is inexcusable in the absence of
    overt acts of physical aggression by a party before the
    court.

    Judges shall maintain order and decorum in all proceedings


    before the court and be patient, dignified and courteous in
    relation to litigants, witnesses, lawyers and others with whom
    the judge deals in an official capacity. Judges shall require
    similar conduct of legal representatives, court staff and others
    subject to their influence, direction or control.

    To reiterate, the judge himself must observe decorum by


    acting with dignity and courtesy to all those present in the

    You might also like