elementary, not to be aware of it constitutes gross ignorance of the law. Judges are expected to exhibit more than just cursory acquaintance with statutes and procedural rules. They must know the laws and apply them properly in all good faith. Judicial competence requires no less.
The Order issued by Judge Agcaoili, granting bail in the amount of P30,000, could not be given any semblance of validity. Said Order was defective in form and substance, as it had no recital of any evidence presented by the prosecution. Neither was the grant justified. The petition for bail alleged that the accused was ill and suffered brain injuries which he had sustained in a vehicular accident on April 20, 1993. Yet, no supporting document or medical examination was submitted to prove said contention. No position exacts a greater demand on [the] moral righteousness and uprightness of an individual than a seat in the judiciary. A magistrate of the law must comport himself at all times in such a manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public that looks up to him as the epitome of integrity and justice. For this reason, we cannot overemphasize the edicts of the Code of Judicial Conduct. A judge should, however, in pending or prospective litigation before him be scrupulously careful to avoid such action as may reasonably tend to waken the suspicion that his social or business relations or friendships constitute an element in determining his judicial course. A judge is not only required to be impartial; he must appear to be impartial. Fraternizing with litigants tarnishes this appearance. 16. Alejo vs People, G.R. No. 173360, March 28, 2008 FACTS: To further strengthen the anti-illegal campaign, the DENR- Region III Office and the 7th Infantry Division (7th ID) of the Philippine Army entered into MOA wherein it was agreed that the 7th ID would accept custody of confiscated mineral and forest products, tools, equipment and conveyances for safekeeping. The Real Estate Preservation Economic Welfare Center (REPEWC) controls smaller units, one of which is Task Force Sagip Likas Yaman (TFSLY). Being the commanding officer of the REPEWC and the task force commander of the TFSLY, Lt. Col. Pacifico Alejo, the petitioner was involved in the anti-illegal logging campaign. On June 1992, there were 46 logs, measuring about 10 to 12 meters, stockpiled at Atate Detachment which was primarily created to confiscate illegally-transported logs. On the same day, the Detachment Commander was notified that petitioner instructed him to load the confiscated lumber into a 6x6 truck driven to the residence of the petitioner and unloaded the said logs in the presence of the petitioner, his wife and mother-in-law, which was denied by the petitioner and asserted that the prosecution witnesses were just pressured or intimidated by people in the military’s higher echelon, hence testified against him.
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- Spring '19
- Supreme Court of the United States, Lawyer, Appellate court