Legal Profession

2nd semester, A.Y.

2014-2015

Marces v. Arcangel
Ponente: J. Mendoza
Date: July 9, 1996
Petitioner: Ben D. Marces, Sr.
Respondent: Judge Paul T. Arcangel, Presiding Judge, Branch 12, Regional Trial Court Davao City

FACTS:
1.
Complainant is a 61y.o. retiree, married to one Ruth Jovellar and has 5 children. The family resided in BRC Village, Catalunan
Pequeo, Davao City
2.
Spouses Wilfredo and Flordeliza Caas moved into complainants neighborhood. The became the nearest neighbors of
complainant, houses being 45 meters apart.
3.
A domestic helper of Caases sought help for alleged maltreatment she received from her employers.
4.
Complainant, who was then the incumbent Purok Leader, referred the matter to barangay authorities. The dispute was resolved but
the relation of Marces and Caases became strained.
5.
One time, Mrs. Caas had an exchange of words with Mrs. Marces and the latters daughter, during which they hurled invectives at
each other. It was triggered by a fight between the turkeys of the family.
6.
The following day, Mrs. Caas, with her sister and a neighbor, boarded a passenger jeepney despite the fact that there were no
more seats available because complainant was riding that vehicle. Mrs. Caas intended to cause the complainants arrest because
as the jeepney neared the police station, Caas asked the dirver to stop the vehicle. She got off and called a policeman and had
the complinant Ben D. Marces arrested.
7.
The arrest was made in the basis of alias warrants handed to the police by Mrs. Caas. The warrants were issued by MTCC Judge
Edipolo Sarabia in 3 criminal cases against herein complainant for violations of BP 22. Complainant was detained for one night
without knowledge of his family.
8.
Complainant saw Judge Sarabia and explained that the cases against him had long been amicably settled. The judge told him that
he did not really know anything about the cases and that he had only been requested by respondent Judge Paul Arcangel to issue
the warrants.
9.
Caas filed a case against complainant in the Barangay. Mediation conferences were conducted between the two families.
Although he had not been asked to, respondent Judge Arcangel attended the conferences.
walked in and out of the hall
introduced himself as the executive Judge of RTC Davao in an attempt to influence the barangay officialsd
accompanied Mrs. Caas and acted as the baby sitter of the latters daughter.
10. The barangay officials failed to amicably settle the dispute.
11. The feud between the families worsened. A violent confrontation happened and as a result of which, parties were injured.
12. Armed men in uniform arrived in two military vehicles and arrested the members of complainants family and took them to Davao
Metrodiscom Headquarters. The arrests were made on orders of certain Col. Nelson Estares.
13. The investigating officer found probable cause and filed charges of attempted murder against complainant, his wife and son.
Complainant alleges that respondent Judge took advantage of his position and influenced the conduct of the preliminary
investigation. At the time of applications for bail bond were being baing made, the respondent judge arrived and questioned the
validity of the bond posted.
14. Because of these events, complainant questioned the interest of the Judge in the dispute between the 2 families. All they knew
was that Judges car was often parked in front of house of Mrs. Canas, especially when Mr. Caas was working away overtime.
15. COMMENT of respondent judge:
charges are false, malicious and utterly baseless
the same were filed merely to gratify complainants personal spite and animosity against him
complaint was filed in anticipation of the cases which the respondent intends to file against the complainant for slander and
threats.
The warrants were valid in connection with the pending cases against complainant which could not be served due to
complainants connections with the officers of the warrant section.
Denied that he acted as escort to Mrs. Caas. He went to the Barangay to file his own complaint against Ruth Marces and
daughter Lydia.
Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

Legal Profession
2nd semester, A.Y.
2014-2015

Denied that he has illicit relations with Mrs. Caas. They are only business partners in the manufacture of appliance
protectors.
Report and Recommendation of Associate Justice Purisima: DISMISSAL of the charges for insufficiency of evidence EXCEPT the
charge that respondent judge attended the mediation conferences between the feuding families and tried to intervene. Penalty: be
admonished and sternly warned.
-

16.

ISSUE1: WON the respondent Judge is guilty of impropriety therefore violating the Code of Judicial ConductYES.
HELD/RATIO1: The Court fines the conclusions of the investigator that respondent judge is guilty of improper conduct to be fully
supported by the evidence in the record. HOWEVER, the report of the investigating Justice fails to consider other serious
allegations in the complaint of which there is also sufficient evidence in the record, to wit:
1.) caused the issuance of alias warrants of arrest by requesting another judge, before whom the case against the complainant was
pending
2.) Arrest would have not been made without the intervention of respondent judge.
These charges were actually admitted by respondent judge. The criminal cases against complainants have been in archive since 1983. Its
discovery and revival was made possible upon the request for verification and its status and information by Judge Arcangel.
Respondent justifies his intervention on the ground that complainant Marces has been able to evade service of the warrants because of
connections with the warrant officers of Davao City. Even if this had been the case, it would not excuse respondent judge in using his own
influence.
Clearly, respondent intervened in the feud between the two families and such interference was not limited to the barangay mediation
proceedings but extended to various stages of the conflict. The Court finds the actuations of the respondent judge improper and censurable.
Respondent is the visible representation of the law, the intermediary between conflicting interest, and the embodiment of the
peoples sense of justice. Unless it was a case filed with his court, it was improper for him to intervene in a dispute or controversy.
Code of Judicial Conduct:
The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the
impression that they are in a special position to influence the judge.
He should not suffer his conduct to create the impression that any person can unduly influence him or enjoy his favor.
ISSUE2: PROPER PENALTY
HELD/RATIO2: REPRIMAND with WARNING
The court believes that dismissal from service is an excessive penalty. They took into consideration the following
no other charge against respondent Judge
first administrative case
record as a judge is exemplary

Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee