Wednesday, March 4, 2009

CEBU V. LEE GAKO (JUDICIAL CONDUCT)


For liability to attach for ignorance of the law, the assailed order of the judge must not only be erroneous, but most importantly, it's issuance is motivated by bad faith, dishonesty, hatred, or some other similar motives; because mere error of judgment is not a ground for disciplinary proceedings. To follow a different rule will mean a deluge of complaints, legitimate or otherwise, and our magistrates will be immersed in answering charges against them rather than performing their judicial functions. As said earlier, appropriate judicial remedies are available to the complainant: an appeal or a petition for certiorari to assail the allegedly erroneous orders; hence, recourse to an administrative action against the judge is improper.

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