The Supreme Court dismissed an administrative complaint filed by Atty. Mariano R. Pefianco against Associate Justices Maria Elisa Sempio Diy, Carmelita Salandanan-Manahan, and Ramon Paul L. Hernando of the Court of Appeals, Cebu City Station. The complaint alleged partiality and violations of anti-graft laws, stemming from the Justices’ dismissal of a petition for review filed by Atty. Pefianco. The Court found the allegations baseless and emphasized that impartiality requires clear and convincing evidence, which was lacking in this case. This decision underscores the judiciary’s protection against frivolous claims that could undermine its independence and hinder the administration of justice. The Court also emphasized that judicial remedies should be exhausted before administrative complaints are filed, ensuring that judges are not unduly harassed by disgruntled litigants.

When Advocacy Turns to Attack: Can Disagreement Justify Accusations of Bias?

The case arose from a letter-complaint filed by Atty. Mariano R. Pefianco, seeking the suspension of Associate Justices Maria Elisa Sempio Diy, Carmelita Salandanan-Manahan, and Ramon Paul L. Hernando. He accused them of violating Canon 3 of the New Code of Judicial Conduct on impartiality and Sec. 3(e) of Republic Act No. 3019, concerning undue injury or unwarranted benefits through manifest partiality, evident bad faith, or gross inexcusable negligence. The heart of the complaint stemmed from the Justices’ resolution dismissing a petition for review filed by Atty. Pefianco in CA G.R. CEB SP No. 06984. He argued that the dismissal, based on procedural technicalities, demonstrated a bias against his clients.

Atty. Pefianco specifically took issue with the respondent-Justices’ alleged failure to consider the prayer of his petition, which sought to compel the Department of Environment and Natural Resources (DENR) to certify certain records to the Court of Appeals (CA). The CA dismissed the petition for several reasons, including the lack of a duplicate original or certified true copy of the DENR decision, the absence of a resolution denying the motion for reconsideration, the lack of a Special Power of Attorney (SPA) authorizing Atty. Pefianco to sign the verification, and a deficient notarial certificate. These reasons, according to Atty. Pefianco, were merely pretexts to unjustly rule against his clients.

Justices Sempio Diy and Salandanan-Manahan countered that the dismissal was justified under Section 7 of Rule 43 of the 1997 Rules of Civil Procedure, which states:

SEC. 7. Effect of failure to comply with requirements. – The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.

They argued that while procedural rules may be relaxed, such leniency requires persuasive and meritorious grounds, which Atty. Pefianco failed to provide. Justice Hernando, in his separate comment, asserted that the administrative complaint was baseless and vexatious, as judicial remedies were available, and Atty. Pefianco lacked authority to file the complaint on behalf of his clients. The Justices further highlighted that Atty. Pefianco had been previously suspended from the practice of law, raising questions about his standing to represent his clients at the time of the motion for reconsideration.

The Supreme Court emphasized that bare allegations of partiality are insufficient. The complainant bears the burden of proving that the judge’s conduct clearly indicates arbitrariness and prejudice. The evidence must be clear and convincing. It further cited the Extra-Judicial Source Rule, derived from US jurisprudence, which states that disqualifying bias must stem from an extrajudicial source and result in an opinion based on something other than the judge’s participation in the case.

The Court also cited Gochan v. Gochan, which held that opinions formed during judicial proceedings, based on evidence, conduct, and law, do not sustain a claim of personal bias, even if erroneous. In this case, the Court found no evidence, beyond Atty. Pefianco’s accusations, to suggest that the respondent-Justices acted impartially. The dismissal was supported by jurisprudence and the Rules of Court and did not originate from an extrajudicial source.

The Court scrutinized the reasons for dismissal, as detailed in the respondent-Justices’ December 11, 2013 resolution, which denied the motion for reconsideration. The resolution reiterated the procedural infirmities and emphasized that the Rules mandate the dismissal of an infirmed petition. The Court also addressed Atty. Pefianco’s contention that the CA should have ordered the DENR to elevate the records, clarifying that while the CA has the power to do so, it is discretionary and does not relieve the parties of their duty to comply with the Rules.

Furthermore, the Court highlighted Atty. Pefianco’s prior suspension from the practice of law and his history of filing administrative cases against judges and justices. Justice Hernando even requested Atty. Pefianco’s disbarment. The Court cited In Re: Joaquin T. Borromeo, where it held a complainant liable for constructive contempt for filing grossly unfounded cases against judges. The Court then ordered Atty. Pefianco to show cause why he should not be punished for indirect contempt for his apparent tendency to file unsubstantiated administrative cases.

Finally, the Court dismissed the other charges against the respondent-Justices, including gross incompetence, gross ignorance of the law, gross misconduct, evident bad faith, and gross inexcusable negligence, finding them similarly unfounded. The Court also dismissed the charge of violating Sec. 3(e) of R.A. No. 3019, noting that it is criminal in nature and thus not a proper subject for an administrative case.

FAQs

What was the key issue in this case?	The key issue was whether Associate Justices of the Court of Appeals exhibited partiality in dismissing a petition for review, warranting administrative sanctions. The complainant alleged violations of the New Code of Judicial Conduct and the Anti-Graft and Corrupt Practices Act.
What is the Extra-Judicial Source Rule?	The Extra-Judicial Source Rule states that bias must stem from an outside source, not from what the judge learns during the case. This rule is used to determine if a judge’s impartiality can be questioned.
What did the Court rule regarding the complainant’s allegations of partiality?	The Court found the complainant’s allegations of partiality to be unsubstantiated. The Court emphasized that the complainant failed to provide clear and convincing evidence of bias.
Why was the petition for review dismissed in the first place?	The petition for review was dismissed due to several procedural infirmities, including the lack of a certified true copy of the DENR decision, the absence of a resolution denying the motion for reconsideration, and deficiencies in the verification and notarial certificate. These failures violated the Rules of Court.
What is the significance of Section 7 of Rule 43 of the 1997 Rules of Civil Procedure?	Section 7 of Rule 43 states that failure to comply with requirements like payment of fees and proper documentation is grounds for dismissal. This rule was central to the justification for dismissing the petition for review.
What action did the Court take against Atty. Pefianco?	The Court required Atty. Pefianco to show cause why he should not be punished for indirect contempt of court, considering his history of filing unsubstantiated administrative cases. The case was also referred to the Office of the Bar Confidant to investigate potential violations of his suspension from the practice of law.
Can a judge be held liable for decisions made in the course of judicial proceedings?	Generally, a judge is not held liable for decisions made in judicial proceedings unless there is evidence of bad faith, malice, or gross misconduct. Errors in judgment, if based on evidence and law, do not constitute grounds for administrative liability.
What is the proper remedy when a party disagrees with a court’s decision?	The proper remedy is to pursue available judicial recourse, such as a motion for reconsideration or an appeal. Administrative complaints are not a substitute for judicial remedies.

This case highlights the importance of protecting judicial independence by discouraging frivolous complaints against judges. The Supreme Court’s decision reinforces the principle that mere disagreement with a court’s ruling does not justify accusations of bias or misconduct. It also emphasizes the necessity of adhering to procedural rules and exhausting judicial remedies before resorting to administrative actions.

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: RE: COMPLAINT OF ATTY. MARIANO R. PEFIANCO AGAINST JUSTICES MARIA ELISA SEMPIO DIY, RAMON PAUL L. HERNANDO, AND CARMELITA SALANDANAN-MANAHAN, OF THE COURT OF APPEALS CEBU, 61946, February 23, 2016