AM MTJ 02 1452; (April, 2005) (Digest)
A.M. No. MTJ-02-1452. April 06, 2005. EDITHA O. CATBAGAN, Complainant, vs. JUDGE FELIXBERTO P. BARTE, Municipal Circuit Trial Court, Tobias Fornier, Antique, Respondent.
FACTS:
Complainant Editha Catbagan charged respondent Judge Felixberto Barte with grave misconduct. In May 1999, Catbagan, the judge, and Abraham Pedriña agreed to broker land sales to the Church of Jesus Christ of Latter Day Saints, with a commission-sharing scheme. The Church subsequently purchased several properties, with the judge receiving and distributing the payments. Catbagan demanded her agreed commission but was offered only a fraction. When she reminded the judge of their agreement, he challenged her to go to court. Instead, she filed this administrative complaint.
In his comment, Judge Barte denied the specific commission agreement, claiming Catbagan had minimal involvement and that any payment to informants was at his sole discretion. He argued the complaint was ambiguous and designed to harass him. The Office of the Court Administrator (OCA) found him not guilty of the specific charges but recommended a fine for violating judicial conduct rules, noting he had a prior similar administrative case.
ISSUE
Whether respondent Judge Felixberto Barte is administratively liable for engaging in private business dealings in violation of the Code of Judicial Conduct.
RULING
Yes, the respondent judge is administratively liable. The Supreme Court found that Judge Barte violated Canon 5, Rule 5.02 of the Code of Judicial Conduct, which prohibits judges from engaging in financial and business dealings that tend to reflect adversely on the court’s impartiality. His active participation as a broker in private land sales, negotiating commissions and handling purchase money, constituted improper conduct unbecoming of a judge. This activity, undertaken even if outside office hours, eroded public confidence in the judiciary.
The Court rejected the judge’s defense of ambiguity in the charges, as the records showed he fully understood and defended himself against the allegation of “conduct unbecoming of a judge.” More significantly, this was his second offense for an identical infraction involving brokering land sales to the same church. In the prior case, he was fined and warned. Given this recidivism, the Court imposed a heavier penalty than the OCA’s recommended fine. Judge Felixberto Barte was found guilty and suspended from office for six (6) months, with a warning that a repetition would merit a more severe penalty.