SECOND DIVISION
[A.M. No. 2258-CFI. July 20, 1981.]
VICENTE D. TRINIDAD, Ex-Mayor of Iguig, Cagayan, Complainant, v. JUDGE GABRIEL O. VALLE, JR., Court of First Instance of Ilocos Norte, Laoag City Branch II, Respondent.
SYNOPSIS
Complainant filed charges in the Supreme Court with supporting affidavits against respondent judge for having delivered a speech at a conference of barangay captains in the house of Mayor Proceso Maramag at Iguig Cagayan, advising them to support the leadership of Maramag and Minister of Defense Juan Ponce Enrile. While respondent judge admitted having made a speech, he denied that he favored Maramag but stated that he enjoined the barangay captains to "follow the doctrine of the New Society" and to "vote honestly."cralaw virtua1aw library
The Supreme Court held that it was improper or indecorous for respondent judge to have taken part in the political meeting held in the Maramag’s house which would render him vulnerable to the charge of electioneering under section 5, Art. XII(B) of the Constitution, and section 36 (b) (26) of Presidential Decree No. 807, the Civil Service Decree of Philippines.
A fine equivalent to his compensation for seven days is imposed.
The Supreme Court held that it was improper or indecorous for respondent judge to have taken part in the political meeting held in the Maramag’s house which would render him vulnerable to the charge of electioneering under section 5, Art. XII(B) of the Constitution, and section 36 (b) (26) of Presidential Decree No. 807, the Civil Service Decree of Philippines.
A fine equivalent to his compensation for seven days is imposed.
SYLLABUS
1. CONSTITUTIONAL LAW; PUBLIC OFFICERS AND EMPLOYEES; ELECTIONEERING; ATTENDANCE OF POLITICAL MEETINGS; INDICATIONS OF PARTISAN POLITICAL ACTIVITY; CASE AT BAR. — It was improper or indecorous for respondent judge to have taken part in the political meeting held in Mayor Maramag’s house. He should have realized that his mere presence there would be construed as an endorsement of Maramag as against complainant and that such behavior would render him vulnerable to the charge of electioneering under section 5, Art. XII (B) of the Constitution and section 36 (b) (26) of Presidential Decree No. 807, the Civil Service Decree of the Philippines. A sense of delicadeza should have deterred respondent judge from attending that political meeting. Notwithstanding his disclaimer, the record contains strong indications that he was engaged in partisan political activity when he attended the political meeting in the house of Mayor Maramag. A fine equivalent to his compensation for seven days is imposed on respondent judge.
R E S O L U T I O N
AQUINO, J.:
Vicente D. Trinidad, former mayor of Iguig, Cagayan, in his affidavit of August 6, 1979, charged Judge Gabriel O. Valle, Jr. of the Court of First Instance of Ilocos Norte (a native of Baggao, Cagayan) with having delivered a speech at a conference of barangay captains in the house of Mayor Proceso Maramag at Iguig, advising them to support the leadership of Maramag and Minister of Defense Juan Ponce Enrile.chanroblesvirtualawlibrary
The charge was supported by the affidavits of Caridad D. Trinidad, Pablo Calagui, Peregrino Abana, Santos Mina and Felipe Banatao.
Judge Valle happened to be in Iguig at that time because he was rendering rural service. He admitted that he delivered a speech in Ilocano but he denied that he favored Maramag.
According to his version, he told the barangay captains that because former Mayor Trinidad was allegedly his cousin and Maramag had been his colleague in the fiscal’s office, he had no comment to make. He said that he enjoined the barangay captains to "follow the doctrine of the New Society" and to "vote honestly."cralaw virtua1aw library
We find that it was improper or indecorous for Judge Valle to have taken part in the political meeting held in Maramag’s house. He should have realized that his mere presence there would be construed as an endorsement of Maramag as against complainant Trinidad and that such behavior would render him vulnerable to the charge of electioneering.
The Constitution provides that "no officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote." [Sec. 5, Art. XII (B)].
That prohibition is repeated in section 36(b)(26) of Presidential Decree No. 807, the Civil Service Decree of the Philippines.
As rightly observed by the complainant, a sense of delicadeza should have deterred Judge Valle from attending that political meeting. Notwithstanding respondent’s disclaimer, the record contains strong indications that he was engaged in partisan political activity when he attended the political meeting in the house of Mayor Maramag.chanrobles law library : red
WHEREFORE, a fine equivalent to his compensation for seven days is imposed on respondent judge.
A copy of this resolution should be attached to his personal record.
Barredo (Chairman), Fernandez, Abad Santos and De Castro, JJ., concur.
The charge was supported by the affidavits of Caridad D. Trinidad, Pablo Calagui, Peregrino Abana, Santos Mina and Felipe Banatao.
Judge Valle happened to be in Iguig at that time because he was rendering rural service. He admitted that he delivered a speech in Ilocano but he denied that he favored Maramag.
According to his version, he told the barangay captains that because former Mayor Trinidad was allegedly his cousin and Maramag had been his colleague in the fiscal’s office, he had no comment to make. He said that he enjoined the barangay captains to "follow the doctrine of the New Society" and to "vote honestly."cralaw virtua1aw library
We find that it was improper or indecorous for Judge Valle to have taken part in the political meeting held in Maramag’s house. He should have realized that his mere presence there would be construed as an endorsement of Maramag as against complainant Trinidad and that such behavior would render him vulnerable to the charge of electioneering.
The Constitution provides that "no officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote." [Sec. 5, Art. XII (B)].
That prohibition is repeated in section 36(b)(26) of Presidential Decree No. 807, the Civil Service Decree of the Philippines.
As rightly observed by the complainant, a sense of delicadeza should have deterred Judge Valle from attending that political meeting. Notwithstanding respondent’s disclaimer, the record contains strong indications that he was engaged in partisan political activity when he attended the political meeting in the house of Mayor Maramag.chanrobles law library : red
WHEREFORE, a fine equivalent to his compensation for seven days is imposed on respondent judge.
A copy of this resolution should be attached to his personal record.
Barredo (Chairman), Fernandez, Abad Santos and De Castro, JJ., concur.
