Respondents: Judge Jose Caoibes Ponente: Melo, J. January 23, 2002 DOCTRINE Canon of Judicial Ethics: A judges official conduct should be free from the appearance of impropriety and his personal behavior, not only on the bench and in the performance of judicial duties, but also in his everyday life, should be beyond reproach. Being the visible representation of the law and the embodiment of the peoples sense of justice, he must be studiously careful himself to avoid even the slightest infraction of the law, lest it be demoralizing example of others. FACTS Judge Caoibes was appointed presiding judge of Branch 253, a newly created branch of RTC Pasay City. He had the privilege of recommending to the Supreme Court the appointment of his own choice. Judge Alumbres, who was then the executive judge of the court, took this as an opportunity to secure employment for his son. Alumbres lent an executive table to Caoibes for his temporary use. The judges had lunch together and both agreed to the appointment of Alumbres son as process server of Branch 253. Later on, Caoibes withdrew his earlier recommendation of Alumbres son and instead, recommended someone else. Alumbres sent his deputy sheriff to take back his table from Caiobes but he refused to return the table until his office furniture was delivered by the SC. Alumbres then went to Caoibes chambers to take back his table. Caoibes greeted Alumbres Hoy, ano ba ang atin? The latter replied in an angry tone Joey, kukunin ko na ang table ko. Akin naman iyun, eh. In response, Caoibes put his left arm around Alumbres shoulder, extended his right hand to shake that latters right hand, saying Huwag naman. Halika, pagusapan natin dine. Despite the cordial gesture, Alumbres held Caoibes right wrist and forcefully jerked it. Incensed at the fierce reaction of Alumbres, Caoibes shouted Tarantado ito, ah and swung his left arm towards Alumbres, hitting him on the right
temple. Caoibes also delivered a right hook,
grazing Alumbres lower jaw. One of the deputy sheriffs place placed himself between the two. Alumbres swung at Caoibes while the latter was being led away but the blow missed. ISSUES/HELD (1) WON Judge Caoibes deliberately inflicted fistic blows to complainant Judge Alumbres - YES RATIO (1) Judge Caoibes threw two punches at Judge Alumbres, the first hitting his right temple and the second, the left side of his jaw. Contrary to the claim of Alumbres, the punches of Caoibes were not severe as the injuries sustained by Alumbres were mere superficial, the size of a pinhead similar to a mosquito bite. BUT this does not detract from the gravity of the offense committed. Canon 2 of the Code of Judicial Conduct states that A judge should avoid impropriety and the appearance of impropriety in all activities. Rule 2.01 provides that A judge should behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. Courts are looked upon by the people with high respect and are regarded sacred places. Misbehavior within and around their vicinity diminishes their sanctity and dignity. By fighting within the court premises, the parties have failed, not only to observe proper decorum expected of member of the judiciary, they have failed to promote public confidence in the integrity and impartiality of the judiciary. More contemptible, the altercation arose out of a squabble involving a mere table. DECISION Judge Caoibes is guilty of violating the Code of Judicial Conduct, with the fine of P20,000.00 with a warning that a repetition in the future will be dealt with more severely. C