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    Case Digest (Macariola v. Asuncion)

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    fina_ong6259
    1. Petitioner Bernardita R. Macariola sued Judge Elias B. Asuncion for violating judicial ethics in purchasing and then selling property that was involved in a case over which he presided. 2. One of the issues was whether Judge Asuncion violated Article 14 of the Code of Commerce by associating with a company while serving as a judge. 3. The court ruled that Article 14 of the Code of Commerce did not apply to Judge Asuncion because the Code lost effect when sovereignty was transferred from Spain to the United States and Philippines, as the political laws of the former sovereign are automatically abrogated unless reenacted.

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    Case Digest (Macariola v. Asuncion)

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    fina_ong6259
    2K views1 page
    1. Petitioner Bernardita R. Macariola sued Judge Elias B. Asuncion for violating judicial ethics in purchasing and then selling property that was involved in a case over which he presided. 2. One of the issues was whether Judge Asuncion violated Article 14 of the Code of Commerce by associating with a company while serving as a judge. 3. The court ruled that Article 14 of the Code of Commerce did not apply to Judge Asuncion because the Code lost effect when sovereignty was transferred from Spain to the United States and Philippines, as the political laws of the former sovereign are automatically abrogated unless reenacted.

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    1. Petitioner Bernardita R. Macariola sued Judge Elias B. Asuncion for violating judicial ethics in purchasing and then selling property that was involved in a case over which he presided. 2. One of the issues was whether Judge Asuncion violated Article 14 of the Code of Commerce by associating with a company while serving as a judge. 3. The court ruled that Article 14 of the Code of Commerce did not apply to Judge Asuncion because the Code lost effect when sovereignty was transferred from Spain to the United States and Philippines, as the political laws of the former sovereign are automatically abrogated unless reenacted.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views1 page

    Case Digest (Macariola v. Asuncion)

    Uploaded by

    fina_ong6259
    1. Petitioner Bernardita R. Macariola sued Judge Elias B. Asuncion for violating judicial ethics in purchasing and then selling property that was involved in a case over which he presided. 2. One of the issues was whether Judge Asuncion violated Article 14 of the Code of Commerce by associating with a company while serving as a judge. 3. The court ruled that Article 14 of the Code of Commerce did not apply to Judge Asuncion because the Code lost effect when sovereignty was transferred from Spain to the United States and Philippines, as the political laws of the former sovereign are automatically abrogated unless reenacted.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    Macariola v. Asunscion Facts: Petitioner Bernardita R. Macariola sued Judge Elias B.

    Asuncion with Acts of unbecoming judge alleging that the respondent violated the following provisions in purchasing a property which was litigated under his court and selling it to a corporation which the judge is an officer: 1. that respondent Judge Asuncion violated Article 1491, paragraph 5, of the New Civil Code in acquiring by purchase a portion of Lot No. 1184-E which was one of those properties involved in Civil Case No. 3010 decided by him 2. that he likewise violated Article 14, paragraphs I and 5 of the Code of Commerce, Section 3, paragraph H, of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, Section 12, Rule XVIII of the Civil Service Rules, and Canon 25 of the Canons of Judicial Ethics, by associating himself with the Traders Manufacturing and Fishing Industries, Inc., as a stockholder and a ranking officer while he was a judge of the Court of First Instance of Leyte 3. that respondent was guilty of coddling an impostor and acted in disregard of judicial decorum by closely fraternizing with a certain Dominador Arigpa Tan who openly and publicly advertised himself as a practising attorney when in truth and in fact his name does not appear in the Rolls of Attorneys and is not a member of the Philippine Bar; 4. that there was a culpable defiance of the law and utter disregard for ethics by respondent Judge Issue related to constitutional law For the issue related to constitutional law, the focus will be at issue number 2, particularly on the effectivity of the code of commerce. Whether or not judge Asuncion violated Article 14, Paragraphs I and 5 of the Code of Commerce Held The court ruled that Judge Asuncion did not violate Article 14 due to the following reasons: Article 14 of the Code of Commerce has no legal and binding effect and cannot apply to the respondent. That upon the transfer of sovereignty from Spain to the United States and later on from the United States to the Republic of the Philippines, Article 14 of this Code of Commerce must be deemed to have been abrogated because where there is change of sovereignty, the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re- enacted by affirmative act of the new sovereign. Likewise, Article 14 of the Code of Commerce which prohibits judges from engaging in commerce is, as heretofore stated, deemed abrogated automatically upon the transfer of sovereignty from Spain to America, because it is political in nature.

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