Haw Tay vs. Singayao
Haw Tay vs. Singayao
Haw Tay vs. Singayao
On 4 May 1987, however, only complainant and his lawyer appeared. In order not to
take advantage of respondent's absence, complainant moved that the hearing be that on August 1,1983, after the scheduled hearing of his petition
reset to 5 May 1987 is previously scheduled. Once more, on 5 May 1987, respondent for certiorari was postponed, respondent again asked complaint for
Judge failed to appear. The Investigating Justice thereupon considered respondent, a round trip ticket for Cotabato-Manila-Cotabato flight. Complainant
in his Resolution dated 5 May 1987, to have waived his right to cross-examine raised the amount and bought the ticket from Miss Cecile Domines
complainant's witnesses, without prejudice, however, to his (respondent's) right, to at the PAL Office at Cotabato City. Complaint delivered the round
present evidence. A copy of the Investigator's Resolution was sent to the respondent trip ticket to the respondent on the same day; that the purchase and
by registered mail on 14 May 1987. To date, respondent Judge has not questioned use of said ticket (coupon) was confirmed by Rolando Corcuera,
this Resolution nor moved for its reconsideration. PAL Records Custodian, who produced the flight/coupon
(Cotabato-Manila) of Ticket No. 9120205-3 issued to Judge
Eduardo Singayao on August 1, 1983 (Exh. G). Said fight coupon
In respect of the charge of violation of the Anti-Graft and Corrupt Practices Act, the
Report of the Investigating Justice shows that on several occasions in 1983,
was perforated, which means that it was used. Appearing on said We agree with the conclusions of the Investigating Justice. The acts of respondent
coupon is the name of the agent Cecile Domines; Judge in demanding and receiving money from a party-litigant before his court
constitute serious misconduct in office. This Court condemns in the strongest possible
that on October 20, 1983 before the hearing of the certiorari case, terms the misconduct of respondent Judge. It is this kind of gross and flaunting
respondent caged complainant inside his chambers and told him misconduct on the part of those who are charged with the responsibility of
that he needed Pl,500.00. Complaint borrowed the amount from his administering the law and rendering justice that so quickly and surely corrodes the
brother and gave it to respondent in his house at the Vilo respect for law and the courts without which government cannot continue and that
Subdivision; tears apart the very bonds of our polity. The respondent's ignorance of the
requirements of the Rules of Court and of elementary rules of Commercial Law, is
equally conspicuous. Respondent Judge combines in himself the twin evils of
x x x x x x x x x corruption and ignorance of the law and thus constitutes a deseased member which
must be decisively severed from the body of the judiciary and cast aside.
In respect of the charge of gross ignorance of the law, the Investigating Justice found
that respondent Judge had issued a writ of preliminary injunction in Civil Case No. Accordingly, this Court makes clear that had respondent Judge's resignation not been
411 although the party granted such injunction posted not the bond required under accepted by the President, respondent Judge would be dismissed from the service
the Rules of Court but rather a check issued by such party and payable to himself. forthwith. In addition, the Court RESOLVES to declare respondent disqualified from
The Report of Justice Bengzon sets out the following details: re-employment in any position in any branch, agency, or instrumentality of the
government, including government-owned or controlled corporations, and as having
xxx xxx xxx forfeited all his accused retirement benefits and leave and other privileges, if any.
that in Civil Case No. 411 entitled Eusebio Tanghal, plaintiff versus The Court also RESOLVES to require respondent to show cause, within 10 days from
Spouses Juanito Haw Tay, which case was also filed in the sale of notice hereof, why he should not be disbarred for the acts of which he has been found
respondent plaintiff Tanghal was ordered to post a bond of guilty.
P1,000.00 which was done by way of a check payable to plaintiff.
Respondent then issued a preliminary injunction (Exh. "D"). Let a copy of this Resolution be furnished the Special Prosecutor, Office of the
Complainant filed a Motion for Reconsideration regarding the Tanodbayan, for appropriate action on the probable violations of the Anti-Graft and
improper posting of the bond. On November 27, 1985 respondent Corrupt Practices Act by the respondent, with the request that the Court be informed
issued an order requiring plaintiff to modify, amend, or post another of the action taken.
bond in accordance with Sec. 4, Rule 58 of the Rules of Court.
SO ORDERED.
From the foregoing findings, the Investigating Justice reached the following
conclusions:
From the evidence, it would appear that the complainant was able
to substantiate the allegation in his complaint, and to prove beyond
reasonable doubt that respondent demanded and received money
on several occasions, i.e. on June 17, 1983- Pl,000.00; on June 18,
1983-P3,000.00; on July 22, 1983-Pl,000.00; on August 1, 1983
plane ticket worth Pl,348.00 and on October 20, 1983-Pl,500.00
from the defendants who had two pending cases before his sala.