For presiding a case where he is a party-in-interest, a lower court judge was slapped with a three-month suspension without pay and a fine of P11,000 for abuse of authority. The Supreme Court’s second division also reprimanded Judge Charles Aguilar, of Branch 12 of the Regional Trial Court here, for appearing twice in court to act as his own counsel without the high court’s authority. The resolution, promulgated on October 17, has yet to be served on Aguilar. Aguilar was found to be the registered owner of a 100-square meter-lot, which was under litigation in his sala. He bought the property while still a prosecutor in February 2001 or six months before he was appointed as presiding judge. Aguilar, however, proceeded to hear the case even after his appointment as judge and ordered its dismissal in favor of defendants, which included himself. He argued that he was unaware that he was co-owner of the disputed property until he was told of the fact before the scheduled case hearing. He said he asked the lawyers of the opposing parties whether he should inhibit himself but was told that they saw no need for him to exclude himself from the case as both parties were supposedly opting for amicable settlement. The high court, however, said that the judge should have disqualified himself immediately and raffled the case to another sala the moment he became aware of the controversy. “By not immediately inhibiting himself and worse, dismissing (the case), the respondent judge created the impression that he intended to advance his own personal interest and ensure that the outcome of the litigation would be favorable to him,” the resolution said. “His reluctance to let go of the case all the more induced doubts and suspicions as to his honest actuations, probity and objectivity,” it added. The high court also found Aguilar to have abused his authority when he caused the leveling of the lot and removal of wires and posts that have been previously installed by the lot claimants. Cristina Arzadon, (PIA NEWS)
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