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Busilac Builders, Inc V Judge Charles Aguilar
Busilac Builders, Inc V Judge Charles Aguilar
has personal litigation in the court of which he is a judge, he need not resign his judgeship on
that account, but should of course refrain from any judicial act in such controversy."
There was a definite violation by the respondent judge of the above canons when he continued
to hear Civil Case No. 12310 and ordered its dismissal. Undeniably, he had a personal and
direct interest in the subject matter thereof.
It is a well-established principle, applicable in criminal and civil cases, that no judge or member
of a tribunal should sit in any case in which he is directly or indirectly interested. A case wherein
a judge is interested is one wherein, to an extent and in effect, the case becomes his own. Xxx
It [is] well-settled also that a judge is disqualified to sit in an action where he has any pecuniary
interest in its result. Or owns property that will be affected by its outcome. A disqualifying
pecuniary interest or property interest is an interest in the event or subject matter of the action
or in the judgment to be rendered therein such that by the judgment the judge will be directly
affected by a pecuniary gain or loss.
The prohibition under the aforequoted provision of the Rules is clear. The disqualification is
mandatory, and gives the judicial officer concerned no discretion but to inhibit himself from trying
or sitting in a case. The rationale therefor is to preserve the people's faith and confidence in the
judiciary's fairness and objectivity. We have time and again reminded judges of their obligation
to keep the image of the judiciary unsullied and worthy of the people's trust. Judge Aguilar thus
had no option but to inhibit himself from Civil Case No. 12310. In failing to inhibit himself from
that case, the respondent judge clearly failed to live up to the exacting standards required of him
as a member of the judiciary.