LEGAL ETHICS

ARBAN V BORJA
A.M. No R-281-RTJ
August 26, 1986

 March 21, 1985, Ponciano A. Arban, 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 Regional Trial Court, Naga City.
 February 23, 1985, at about l:10 p.m., at the Cindy's Restaurant in downtown Naga City, the said Judge,
hit Arban with the pistol he was carrying on the left side of his head, sending him sprawling to the floor
and rendering him momentarily unconscious. Arban also suffered a black eye inflicted by Borja
 Borja also threatened with his said gun the companions of Arban.
 Minutes before his pistol-whipping, Borja fired his gun in the balcony of the apartment he is lodging in,
from where he followed Arban to the said restaurant.
 Because no judge in Naga City or Camarines Sur has ever been known to have resorted to similar
barbarous acts, it received much coverage by the print and broadcast media, in editorial cartoon and
news story of 'Handiong,' one of the most respected newspapers in the Bicol region,
 June 19, 1985. Judge Borja appeared but without counsel. Borja moved for the resetting of the case. The
motion was granted.
 Neither Arban nor his counsel appeared at the subsequent scheduled hearings. Instead, Arban filed a
Motion to Withdraw the Petition indicating that the petition was caused by a misunderstanding by Arban of
the motives of Borja. After the public apology by Borja, Arban believes that the scandal caused on the
public by the act of Borja has been duly appeased.
 The SC issued a Resolution to (a) transfer the case to Justice Nathanael de Pano for further investigation,
report and recommendation, and (b) require counsel for petitioner to appear before said Justice-
Investigator for hearing of this case. In accordance with our Resolution, Justice de Pano conducted
further hearings of the case
 February 23, 1985 the incident involving Judge Borja and the complainant generated nationwide publicity.
SC designated then Acting Court Administrator Arturo Buena to investigate the matter
 March 19, 1985 This Court also suspended Judge Melecio Borja effective immediately from office until
further orders.

HELD:

 The fact that Arban filed a motion to withdraw his complaint and the fact that the public apology of Judge
Borja satisfied Arban as far as his personal interests in the case were concerned is not very material nor
controlling. The truth is what is important. Did the respondent Judge commit an act of serious misconduct,
one which degrades the integrity of the judicial office and serves as a demoralizing example to the public?
 Even a mere cursory reading of Judge Borja's "apology" in relation to the "petition" or complaint clearly
indicates that Judge Borja admits the commission of the act charged
 Whatever the motive may have been, the violent action of Borja 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,
Cannon of Judicial Ethics)
 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.