Arban vs. Borja
Arban vs. Borja
BORJA
A.M. No. R-281-RTJ. August 26, 1986
FACTS:
Ponciano A. Arban, the then District Engineer for Camarines Sur, Ministry of Public Works and Highways, filed the
instant administrative case for grave misconduct against Judge Melecio B. Borja, Presiding Judge of Branch XX,
Regional Trial Court, Region of Naga City.
Issue:
Whether or not the respondent judge is guilty of violating Sec. 3, Canon of Judicial Ethics
Held:
Whatever the motive may have been, the violent action of the respondent in a public place constitutes serious misconduct
and the resultant outrage of the community in Naga City is a blow to the image of the entire judiciary. Judge Borja
violated the established norm for judicial behavior that "a judge's official conduct should be free from appearance of
impropriety, and his personal behavior not only upon the bench and in the performance of judicial duties, but also in his
everyday life, should be beyond reproach." (Sec. 3, Canon of Judicial Ethics).
"The judge is the visible representation of the law and, more importantly, of justice. From him, the people draw their will
and awareness to obey the law. They see in him an intermediary of justice between two conflicting interests, specially in
the station of municipal judges, like respondent Judge, who have that close and direct contact with the people before
anybody else in the judiciary. Thus, for the judge to return that regard, he must be the first to abide by the law and weave
an example for the others to follow. He should be studiously careful to avoid even the slightest infraction of the law."
WHEREFORE, Judge Melecio B. Borja is found guilty of grave misconduct and is hereby ordered DISMISSED from
the service, with forfeiture of retirement benefits and with prejudice to reinstatement in any branch of the government or
any of its agencies or instrumentalities. However, he shall be paid any back salaries or accrued leaves which are due to
him as of this date. This decision is immediately executory.