The Supreme Court held that a judge’s attempt to profit from selling rice to court employees constituted conduct unbecoming a judge. Even if the sale did not materialize, the judge’s actions created an appearance of impropriety, as his position could unduly influence employees to purchase the rice. This ruling reinforces the principle that judges must avoid any financial or business dealings that could undermine public confidence in the judiciary’s impartiality.

Rice Sales and Judicial Impropriety: How Business Ventures Can Tarnish the Gavel

This case arose from a complaint filed against Acting Presiding Judge Marcos C. Diasen, Jr., of the Metropolitan Trial Court, Branch 62, Makati City. The complainant, Arnel G. Mendoza, alleged that Judge Diasen engaged him and another individual, Cristy Flores, to facilitate the purchase of rice, which the Judge intended to sell to employees of Makati City Hall. When the check issued by Judge Diasen to pay for the rice bounced, Mendoza filed an administrative complaint, accusing the judge of conduct unbecoming a judge.

In his defense, Judge Diasen admitted knowing Flores and providing her with a loan to purchase rice for resale. He claimed he stopped payment on the check upon discovering Flores’s prior convictions for estafa. The Office of the Court Administrator (OCA) recommended finding Judge Diasen guilty of conduct unbecoming a judge, a recommendation adopted by the Supreme Court.

The Supreme Court anchored its decision on the Code of Judicial Conduct, which mandates that judges must avoid impropriety and the appearance of impropriety in all their activities. Canon 2 of the Code sets the standard, stating that judges “should avoid impropriety and the appearance of impropriety in all activities.” This is complemented by Canon 5, Rule 5.02, which specifically addresses financial and business dealings:

Rule 5.02. – A judge shall refrain from financial and business dealings that tend to reflect adversely on the court’s impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.

The Court emphasized that judges must maintain a high standard of conduct to ensure public confidence in the judiciary. The attempt to sell rice to employees, over whom the judge exercised authority, created a situation where his position could influence their purchasing decisions. The Court quoted Dionisio v. Hon. Escano, emphasizing the importance of avoiding distractions from judicial duties:

The restriction enshrined under Rules 5.02 and 5.03 of the Code of Judicial Ethics on judges with regard to their own business interests is based on the possible interference which may be created by these business involvements in the exercise of their judicial duties which may tend to corrode the respect and dignity of the courts as the bastion of justice. Judges must not allow themselves to be distracted from the performance of their judicial tasks by other lawful enterprises. It has been a time-honored rule that judges and all court employees should endeavor to maintain at all times the confidence and high respect accorded to those who wield the gavel of justice.

The Supreme Court acknowledged that conduct unbecoming a judge is considered a light charge under Rule 140 of the Rules of Court. However, the Court noted that Judge Diasen’s actions created an impression that he was using his position for personal gain.

Given that this was Judge Diasen’s first offense and that he had already retired, the Court modified the OCA’s recommended penalty of reprimand to a fine of P5,000.00. This penalty served as a reminder that judges must adhere to the highest ethical standards to maintain the integrity of the judiciary.

FAQs

What was the key issue in this case?	The central issue was whether Judge Diasen’s attempt to sell rice to court employees constituted conduct unbecoming a judge, violating the Code of Judicial Conduct. The Court focused on whether the judge’s actions created an appearance of impropriety.
What is “conduct unbecoming a judge”?	“Conduct unbecoming a judge” refers to actions by a judge that are inappropriate and reflect negatively on the dignity and impartiality of the judiciary. It includes any behavior that undermines public confidence in the integrity of the courts.
What does the Code of Judicial Conduct say about a judge’s business dealings?	The Code of Judicial Conduct, specifically Canon 5, Rule 5.02, mandates that judges must refrain from financial and business dealings that could reflect adversely on the court’s impartiality. They should avoid situations that interfere with judicial duties.
Why was Judge Diasen’s conduct considered inappropriate?	Judge Diasen’s conduct was considered inappropriate because his position as a judge could influence employees to purchase rice from him. This created a conflict of interest and the appearance of using his office for personal gain.
What was the original recommendation by the Office of the Court Administrator (OCA)?	The OCA initially recommended that Judge Diasen be found guilty of conduct unbecoming a judge and be reprimanded with a stern warning against future impropriety. The Supreme Court ultimately modified the penalty.
What penalty did the Supreme Court impose on Judge Diasen?	The Supreme Court imposed a fine of P5,000.00 on Judge Diasen. The Court considered his prior retirement and the fact that it was his first offense in determining the appropriate penalty.
What is the significance of the Dionisio v. Hon. Escano case cited in this ruling?	Dionisio v. Hon. Escano reinforces the principle that judges must avoid business involvements that may interfere with their judicial duties and erode public confidence. It emphasizes the importance of maintaining the dignity of the courts.
How does this ruling affect judges in the Philippines?	This ruling serves as a reminder to all judges in the Philippines to be mindful of their conduct, both on and off the bench, and to avoid any activities that could compromise their impartiality or create an appearance of impropriety.

This case underscores the high ethical standards expected of members of the judiciary. It illustrates that even seemingly minor business ventures can be scrutinized if they create a perception of impropriety or undermine public trust in the courts. Judges must always act in a manner that preserves the integrity and impartiality of the judicial system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ARNEL MENDOZA VS. HON. MARCOS C. DIASEN, JR., A.M. No. MTJ-17-1900, August 09, 2017