DATU INOCENCIO C. SIAWAN vs. JUDGE AQUILINO A. INOPIQUEZ, JR.

 
A.M. No. MTJ-95-1056 
May 21, 2001 
 
FACTS:​  
This is a complaint filed by the petitioner against respondent Judge Inopiquez, Jr. of 
the MCTC of Leyte, for gross ignorance of the law, gross abuse of power, and 
misconduct in connection with the latter's handling of two election cases for inclusion 
of voters. Election Case Nos. 333 was a petition for inclusion of a voter in the voter's 
list while Election Case No. 292, on the other hand, the seven petitioners, all 
surnamed Herbas, alleged that they were refused registration by the BEI’s of Leyte; 
and that they have not voted for two consecutive elections. 

ISSUE: 

WON respondent Judge, is guilty of grave abuse of authority and ignorance of the law 
for his failure to observe Section 143 of the Omnibus Election Code? 

RULING: 

Yes. The failure of respondent to observe the requirements of the Election Code is 
inexcusable. As a judge of the MCTC vested with the jurisdiction to hear and decide 
petitions for inclusion or exclusion of voters, he is expected to be familiar with these 
requirements because it can be assumed that these election cases were not the first 
cases he has decided. 

The records show that neither of the petition in Election Case No. 333 and Election 
Case No. 292 named the board of election inspectors a party to the proceedings. Nor 
is there any showing that the board of election inspectors was ever notified of 
hearings to be conducted on such inclusion proceedings either by registered mail or by 
personal delivery, or by notice posted in a conspicuous place in the city hall or 
municipal building and in two other conspicuous places within the city or municipality 
at least 10 days prior to the day set for the hearing.