AM MTJ 90 383; (June, 1992) (Digest)
G.R. No. MTJ-90-383. June 15, 1992.
Venustiano Saburnido, complainant, vs. Judge Florante Madrono, respondent.
FACTS
Complainant Venustiano Saburnido, a member of the Integrated National Police, charged respondent Judge Florante Madrono of the Municipal Trial Court of Balingasag-Lagonglong, Misamis Oriental, with grave threats and acts unbecoming of a member of the judiciary. The complaint alleged that on the morning of November 23, 1989, respondent Judge, armed with an M-16 Armalite rifle and accompanied by two fully armed CAFGU members, went to complainant’s house. Respondent pointed his gun at the unarmed complainant, ordered him to stop and raise his hands, and berated him for uttering defamatory words the previous night. The complainant begged for forgiveness, felt dizzy, and collapsed. The incident was witnessed by the complainant’s son and a neighbor and was reported in the police blotter. In his answer, respondent Judge denied threatening the complainant, claiming he went to the house to mediate and prevent a possible armed confrontation, and merely reprimanded the complainant for his unruly conduct. The case was referred for investigation.
ISSUE
Whether respondent Judge Florante Madrono is guilty of conduct unbecoming of a member of the judiciary.
RULING
Yes, respondent Judge is guilty of conduct unbecoming of a member of the judiciary. The Court agreed with the findings of the investigating judge that the complainant’s version was more credible. Respondent Judge acted with precipitate haste and impropriety by personally going to the complainant’s house fully armed, wielding a high-powered firearm in public, and pointing it at the unarmed complainant. This conduct violated Rule 2.01, Canon 2 of the Code of Judicial Conduct, which requires a judge to behave at all times to promote public confidence in the integrity and impartiality of the Judiciary. Such actuations destroy the reputation that judges must be unblemished in character and beyond reproach. The Court found the respondent’s actions even more reprehensible than a prior case where a judge poked a gun at another while intoxicated. Accordingly, respondent Judge Florante E. Madrono was ordered DISMISSED from the service, without forfeiture of retirement benefits, but with prejudice to reinstatement in any branch of the government or any of its agencies or instrumentalities.