G.R. No. RTJ-96-1359 September 10, 1998
Benjamin Sia Lao, complainant, vs. Hon. Felimon C. Abelita III, as Presiding Judge in the Regional Trial Court of Masbate-Branch 44, Masbate, Masbate, respondent.

FACTS

This administrative case originated from two complaints filed by Benjamin Sia Lao against Judge Felimon Abelita III. The first complaint alleged that on April 9, 1995, respondent Judge forcibly entered, without complainant’s knowledge and consent, his residence, office, and bodega in Masbate, removed the padlock, and replaced it with a new one, depriving complainant of access and possession. The second complaint alleged that on March 11, 1996, during the pendency of a civil case, respondent ordered people to enter a nursery compound (a property subject of the case) and constructed a shanty to gain possession; that on March 19, 1996, respondent, through henchmen, cut off the electric power to a water pump inside the nursery, depriving complainant of water supply; and that respondent ordered his man, Policronio Agao, to shoot complainant’s workers who were installing water pipes, resulting in injury to complainant’s nephew, William Lao, and leading to criminal charges against respondent for Frustrated Homicide and violation of PD 1866.
The case involves a property dispute stemming from the estate of Laureano Sia. Pedro Sia, an heir, leased properties to complainant. Pedro later executed a simulated deed of absolute sale over the Bagumbayan property in favor of respondent, who is married to Pedro’s daughter, Elma Sia Abelita. Complainant, who had been using parts of the property, was subsequently subjected to actions by respondent and his wife to dispossess him. On April 3, 1996, respondent, celebrating his appointment as Judge, forcibly entered complainant’s bodega by destroying the lock with a hammer. On March 24, 1996, the shooting incident occurred where respondent, present at the scene, told Agao “Tirahon na, barilin na,” after which Agao shot and injured William Lao.

ISSUE

Whether respondent Judge Felimon C. Abelita III is guilty of conduct unbecoming a judge warranting administrative sanctions.

RULING

Yes, respondent Judge is guilty of conduct unbecoming a member of the judiciary. The Supreme Court adopted the findings and recommendation of the Investigating Justice. The Court found that respondent Judge unlawfully intruded into complainant’s premises by forcibly destroying the lock and gaining entry, an act constituting oppression and abuse of authority. Furthermore, the Court found that respondent was present and actively involved in the shooting incident at the nursery property, where he instructed Agao to shoot, leading to injury. His actions demonstrated a misuse of his office and a failure to uphold the law. The Court emphasized that judges must be embodiments of justice and must avoid even the slightest infraction of the law. Respondent’s conduct, marked by oppression, abuse of authority, and involvement in a violent act, indelibly stained the judiciary. Accordingly, the Court DISMISSED respondent Judge Felimon C. Abelita III from the service with forfeiture of all benefits and with prejudice to re-employment in any government branch, instrumentality, or agency. He was ordered to cease and desist from performing his duties immediately.