Scribd Logo
Upload

Welcome to Scribd!

  • 6 Gallo Vs Cordero

    Uploaded by

    Tynny Roo Beldua
    87 views1 page
    This sworn complaint alleges bias and partiality by Judge Jose Cordero in a criminal case regarding violation of an anti-squatting law. The complainant witnessed the judge speaking privately with the four accused people in his office. This created the appearance of bias. The judge also made comments to the complainant suggesting he could not eject the tenants from the large tract of land, despite them not actually being tenants. The ruling was that the judge violated the Code of Judicial Conduct by meeting privately with the accused without the complainant present, and by his comments showed ignorance of the law and failed to appear impartial as required of judges.

    Original Description:

    Original Title

    6 Gallo vs Cordero

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This sworn complaint alleges bias and partiality by Judge Jose Cordero in a criminal case regarding violation of an anti-squatting law. The complainant witnessed the judge speaking privately with the four accused people in his office. This created the appearance of bias. The judge also made comments to the complainant suggesting he could not eject the tenants from the large tract of land, despite them not actually being tenants. The ruling was that the judge violated the Code of Judicial Conduct by meeting privately with the accused without the complainant present, and by his comments showed ignorance of the law and failed to appear impartial as required of judges.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    87 views1 page

    6 Gallo Vs Cordero

    Uploaded by

    Tynny Roo Beldua
    This sworn complaint alleges bias and partiality by Judge Jose Cordero in a criminal case regarding violation of an anti-squatting law. The complainant witnessed the judge speaking privately with the four accused people in his office. This created the appearance of bias. The judge also made comments to the complainant suggesting he could not eject the tenants from the large tract of land, despite them not actually being tenants. The ruling was that the judge violated the Code of Judicial Conduct by meeting privately with the accused without the complainant present, and by his comments showed ignorance of the law and failed to appear impartial as required of judges.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    #6 Gallo Vs Cordero

    FACTS: This is a sworn complaint dated September 8, 1994 of Emeterio Gallo,


    charging Judge Jose Cordero of the Municipal Trial Court of Babatñgon, Leyte with non-
    feasance, manifest bias, gross ignorance of the law, and graft and rank favoritism.

    The complaint is made in connection with Criminal Case No. 2194 entitled "People v.
    Cristuto Barreta, Alberto Macabata, Danilo Morillo, and Rodolfo Villanueva," which
    complainant filed in respondent judge's court on August 23, 1994 for violation of P.D.No.
    772, otherwise known as the Anti-Squatting Law.

    On August 26, 1994, respondent issued a subpoena to complainant requiring him to


    appear and to testify regarding his affidavit and bring with him documents attesting to
    his ownership of the land. Complainant appeared as directed on August 30, 1994 in
    respondent's office, showing the document of ownership of the land and the tax
    declaration. Upon seeing the tax declaration of 21 hectares the respondent judge
    commented that it was quite a big tract of land and upon their conversation the
    respondent judge told the complainant that he cannot eject the tenants now under the
    law. But the complainant told the judge that accused was not a tenant but still the
    respondent judge was persistent of saying that the complainant cannot eject them.

    In the affidavit filed by the complainant it was alleged that the respondent judge was
    being bias an impartial. As the respondent judge was seen talking to the accused in his
    office by the complainant son Roger Gallo while delivering his letter of inquiry to the
    respondent judge if warrant of arrest already issued against the accused.

    ISSUE: Whether of not the respondent Judge violated Code of Judicial Conduct?

    RULING: YES, the respondent judge opened himself to charges of partiality and bias by
    meeting privately with the four accused. He says that he merely wanted to apprise them
    of their constitutional right. Whatever his purpose was, it was improper for respondent
    judge to meet them without the presence of complainant.
    Thus, respondent judge not only has shown gross ignorance of law and procedure but
    has also failed to live up to the norm that "judges should not only be impartial but should
    also appear impartial. He thus violated Canon 2 of the Code of Judicial Conduct which
    provides that "a judge should avoid impropriety and the appearance of impropriety in all
    activities." In the words of Rule 2.01 of the Canon, "A judge should so behave at all
    times as to promote public confidence in the integrity and impartiality of the judiciary."
    virtua1aw library

    You might also like