6 Gallo Vs Cordero
6 Gallo Vs Cordero
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.
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."
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