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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[A.M. No. 810-CJ. May 30, 1975.]

JOSE KUAN SING, Petitioner, v. JUDGE ROSENDO BALTAZAR, Respondent.

SYNOPSIS


Respondent Judge was charged administratively for having allegedly rendered a malicious decision in a case of serious physical injuries thru reckless imprudence wherein the complainant was the offended party.

After a review of the record, the Court concluded that there was no showing of bad faith on respondent’s part and that, at most, respondent may have committed an error of judgment.

Complaint dismissed.


SYLLABUS


1. JUDGES; ADMINISTRATIVE CHARGES; RENDERING MALICIOUS DECISION; CHARGES MUST BE PROVED BY CONVINCING EVIDENCE. — Charges against judges for rendering malicious decision must be proven by strong and convincing evidence. Otherwise, judges would be at the mercy of disgruntled litigants against whom adverse actions might have to be taken.

2. ID.; ID.; ID.; ID.; COMPLAINT DISMISSED IN CASE AT BAR. — An administrative complaint filed against a judge for having allegedly rendered a malicious judgment should be dismissed where there was no showing of bad faith on his part and the review made by the Court of the record led it to believe that, at most, he may have committed an error of judgment.


R E S O L U T I O N


BARREDO, J.:


After a review of the record, the Court believes that at the most, respondent may have committed an error of judgment. There is no clear showing of bad faith on his part.

Complainant was the offended party in a case of serious physical injuries thru reckless imprudence, Criminal Case No. 47207, entitled People of the Philippines v. Edgar Jarantilla. The prosecution tried to prove that complainant was sideswiped by the car of the accused Jarantilla. On the other hand, the defense presented evidence tending to show that it was not the vehicle of said accused that hit him. Evaluating the evidence, respondent judge found for the accused. We have read the decision, and We cannot see any indication that the same is the product of a prejudiced mind.

The circumstances pointed to by the complainant regarding the past relationship of respondent with Mayor Rodolfo Ganzon of Iloilo City and his direct or indirect intervention in the case do not to Our mind sufficiently establish that respondent has acted without regard to the high standards required of him as a judge. Charges against judges for rendering malicious decisions must be proven by strong and convincing evidence. Otherwise, judges would be at the mercy of disgruntled litigants against whom adverse actions might have to be taken.

WHEREFORE, the complaint is dismissed.

Fernando (Chairman), Antonio, Aquino and Concepcion, Jr., JJ., concur.

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