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    Capuno vs. Jaramillo, Jr. 234 SCRA 212 (1994) Case Digest

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    Ace Lawrence Antazo
    Judge Jaramillo was found guilty of violating the Code of Judicial Conduct for soliciting money from Rizalia Capuno and her daughter Thelma regarding a case before him. He demanded sums of money ranging from P350,000 to P150,000 be paid directly to him in exchange for ruling in their favor. Meetings with Rizalia and Thelma were done without their lawyers present and in his private chambers. The Court ruled these acts constituted grave misconduct and reduced public faith in the justice system, warranting Judge Jaramillo's dismissal.

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    Capuno vs. Jaramillo, Jr. 234 SCRA 212 (1994) Case Digest

    Uploaded by

    Ace Lawrence Antazo
    52 views1 page
    Judge Jaramillo was found guilty of violating the Code of Judicial Conduct for soliciting money from Rizalia Capuno and her daughter Thelma regarding a case before him. He demanded sums of money ranging from P350,000 to P150,000 be paid directly to him in exchange for ruling in their favor. Meetings with Rizalia and Thelma were done without their lawyers present and in his private chambers. The Court ruled these acts constituted grave misconduct and reduced public faith in the justice system, warranting Judge Jaramillo's dismissal.

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    Judge Jaramillo was found guilty of violating the Code of Judicial Conduct for soliciting money from Rizalia Capuno and her daughter Thelma regarding a case before him. He demanded sums of money ranging from P350,000 to P150,000 be paid directly to him in exchange for ruling in their favor. Meetings with Rizalia and Thelma were done without their lawyers present and in his private chambers. The Court ruled these acts constituted grave misconduct and reduced public faith in the justice system, warranting Judge Jaramillo's dismissal.

    Copyright:

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

    Capuno vs. Jaramillo, Jr. 234 SCRA 212 (1994) Case Digest

    Uploaded by

    Ace Lawrence Antazo
    Judge Jaramillo was found guilty of violating the Code of Judicial Conduct for soliciting money from Rizalia Capuno and her daughter Thelma regarding a case before him. He demanded sums of money ranging from P350,000 to P150,000 be paid directly to him in exchange for ruling in their favor. Meetings with Rizalia and Thelma were done without their lawyers present and in his private chambers. The Court ruled these acts constituted grave misconduct and reduced public faith in the justice system, warranting Judge Jaramillo's dismissal.

    Copyright:

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

    Capuno vs. Jaramillo, Jr.

    234 SCRA 212 (1994)

    FACTS:
     Pedro Calara Jr. And Rizalia Capuno were involved in a case before the sala of Judge
    Ausberto Jaramillo, Jr.
     Judge Jaramillo ordered in favor of Calara but sent his Sheriff Leonardo Ho to the
    house of Rizalia, telling her that Judge Jaramillo, Jr. wanted to talk to her.
     Rizalia went with her daughter Thelma, and a certain Gregorio Capistrano, to the sala
    of Judge Jaramillo. There he told Rizalia that if she did not want to get evicted from
    her house, she should prepare P350,000, P200,000 of which should be in cash and all
    in P100-bills to be displayed on his table , saying “so that Pedro Calara’s eyes will
    bulge and I will take care of everything.”
     Thelma told Judge Jaramillo that she did not have the money. Judge Jaramillo told
    her to find a way to get the said amount and come back in two days.
     After two days, Thelma, accompanied by Gregorio, went back to Judge Jaramillo’s
    sala to tell him that she could not gather the amount being demanded in the time she
    was given. Judge Jaramillo said that she could not afford to give him P200,000 in
    cash, then P150,000 will suffice. The deal still includes the other P150,000 which
    should be in post-dated check. The judge demanded that Thelma give the amount to
    later that day.
     Thelma told the judge that she is still unable to pay him that much. In response, the
    judge said that if that is the case then he would not be able to do anything.
     Because of the failure of their failure to pay the judge, Rizalia was evicted from the
    land in question, and her house was demolished.
     Rizalia filed administrative complaints against Judge Jaramillo, the case being
    handled by Justice Ibay-Somera of the Court of Appeals. Judge Jaramillo denied the
    charged against him, saying in soliciting the money he was acting helping Rizalia
    repurchase the land from Calara. And he held the meetings without Rizalia’s or
    Calara’s counsel simply because that is not how its done in the province.

    ISSUE:
     Is Judge Jaramillo in soliciting money from Rizalia and Thelma Capuno, and
    meeting with them in the absence of their counsel, guilty of violating the Code of
    Judicial Conduct?

    RATIO:
     The Court found Judge Ausberto Jaramillo, Jr. guilty of violating the Code of
    Judicial Conduct and thus should suffer the penalty of dismissal from the service,
    with prejudice to his reinstatement or appointment to any public office, and forfeiture
    of all his retirement benefits, if any.
     The Court held that active mediation of Jaramillo was highly questionable because it
    was not initiated by the parties nor was it attended or recorded by their respective
    counsels.
     The Court noted that the meetings between Jaramillo and Rizalia and Thelma were
    done in his chambers without the attendance of his staff. Also is the fact that he
    warned them not to tell anyone of the meetings evinces impropriety that reduces the
    faith of the people in the justice system.
     The Court ruled the acts of Jaramillo constituted grave misconduct. The Court said
    the role of the judiciary in bringing justice to conflicting interests in society cannot
    be overemphasized. As the visible representation of law and justice, judges are
    expected to conduct themselves in a manner that would enhance the respect and
    confidence of our people in the judicial system. They are particularly mandated not
    only to uphold the integrity and independence of the judiciary but also to avoid
    impropriety and the appearance of impropriety in their actions.

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