Scribd Logo
Upload

Welcome to Scribd!

  • 102 views

    Arban Vs Borja

    Uploaded by

    Mara V
    Judge Melencio Borja is accused of hitting Ponciano Arban, a district engineer, on the head with a pistol during a confrontation at a restaurant, rendering Arban unconscious. Judge Borja allegedly also fired his gun in the balcony and threatened Arban's companions. Judge Borja denies the accusations. The issue is whether Judge Borja violated the Canon of Judicial Ethics. The ruling finds that Judge Borja's violent actions in public constitute serious misconduct and undermine the image of the judiciary. Judge Borja is found guilty of grave misconduct and dismissed from service.

    Copyright:

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

    Arban Vs Borja

    Uploaded by

    Mara V
    102 views2 pages
    Judge Melencio Borja is accused of hitting Ponciano Arban, a district engineer, on the head with a pistol during a confrontation at a restaurant, rendering Arban unconscious. Judge Borja allegedly also fired his gun in the balcony and threatened Arban's companions. Judge Borja denies the accusations. The issue is whether Judge Borja violated the Canon of Judicial Ethics. The ruling finds that Judge Borja's violent actions in public constitute serious misconduct and undermine the image of the judiciary. Judge Borja is found guilty of grave misconduct and dismissed from service.

    Original Description:

    ..

    Original Title

    Arban vs Borja

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Judge Melencio Borja is accused of hitting Ponciano Arban, a district engineer, on the head with a pistol during a confrontation at a restaurant, rendering Arban unconscious. Judge Borja allegedly also fired his gun in the balcony and threatened Arban's companions. Judge Borja denies the accusations. The issue is whether Judge Borja violated the Canon of Judicial Ethics. The ruling finds that Judge Borja's violent actions in public constitute serious misconduct and undermine the image of the judiciary. Judge Borja is found guilty of grave misconduct and dismissed from service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views2 pages

    Arban Vs Borja

    Uploaded by

    Mara V
    Judge Melencio Borja is accused of hitting Ponciano Arban, a district engineer, on the head with a pistol during a confrontation at a restaurant, rendering Arban unconscious. Judge Borja allegedly also fired his gun in the balcony and threatened Arban's companions. Judge Borja denies the accusations. The issue is whether Judge Borja violated the Canon of Judicial Ethics. The ruling finds that Judge Borja's violent actions in public constitute serious misconduct and undermine the image of the judiciary. Judge Borja is found guilty of grave misconduct and dismissed from service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    A.M. No. R-281-RTJ.

    August 26, 1986

    Ponciano Arban, complainant

    vs. Judge Melencio Borja, respondent

    FACTS:
    Complainant Ponciano A. Arban, the then District Engineer for Camarines Sur,
    Ministry of Public Works and Highways, filed the instant administrative case for
    grave misconduct against Judge Melecio B. Borja, Presiding Judge of Branch XX,
    Regional Trial Court, Region of Naga City.

    Arban alleged that said respondent hit him with the pistol he was carrying the
    petitioner on the left side of his head, sending him sprawling to the floor and
    rendering him momentarily unconscious. The respondent also threatened with his said
    gun the companions of the complainant. The respondent also fired his gun in the
    balcony of the apartment he is lodging in, from where he followed the complainant to
    the said restaurant.

    Judge Borja denied the charge against him. This action was taken even before
    Engineer Arban filed the present petition considering our responsibility to discipline
    erring members of the bench and bar and to preserve the integrity of the judiciary.
    Hence, the fact that the complainant filed a motion to withdraw his complaint and the
    fact that the public apology of Judge Borja satisfied the complainant as far as his
    personal interests in the case were concerned is not very material nor controlling. Did
    the respondent Judge commit an act of serious misconduct, one which degrades the
    integrity of the judicial office and serves as a demoralizing example to the public?

    There is the matter of the public interest involved in the case. The respondent is not
    just an ordinary citizen, but a highly visible member of the judicial branch of the
    Government, particularly, an incumbent judge of the Regional Trial Court stationed in
    Naga City. There is, thus, not only the complainant's private interests involved, but
    also the public interest involved in the act of an official whose position carries with it
    great responsibility and which position demanded the highest norm of conduct from
    the incumbent both in his public and private capacities, whether in court or out of it.

    ISSUE:
    Whether or not the respondent judge is guilty of violating the Canon of Judicial
    Ethics?
    RULING:
    Whatever the motive may have been, the violent action of the respondent in a public
    place constitutes serious misconduct and the resultant outrage of the community in
    Naga City is a blow to the image of the entire judiciary.

    "The judge is the visible representation of the law and, more importantly, of justice.
    From him, the people draw their will and awareness to obey the law. They see in him
    an intermediary of justice between two conflicting interests, specially in the station of
    municipal judges, like respondent Judge, who have that close and direct contact with
    the people before anybody else in the judiciary. Thus, for the judge to return that
    regard, he must be the first to abide by the law and weave an example for the others to
    follow. He should be studiously careful to avoid even the slightest infraction of the
    law."

    Hence, Judge Borja is found guilty of grave misconduct and is dismissed from the
    service.

    You might also like