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    Re: Inhibition of Judge Estrada

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    Pam Ramos
    Judge Estrada inhibited himself from a case involving a rural bank due to his position on the board of directors of a different rural bank. The court required Estrada to explain why he should not be disciplined for holding this position given a circular prohibiting judges from such roles. Estrada said he resigned from the board in 1997. However, he was appointed as a judge in 1994 and did not resign until 1997, violating the circular. The court reprimanded Estrada and warned of more severe punishment if he commits similar acts, finding he failed to comply with the circular by not immediately resigning his director position upon becoming a judge.

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    Re: Inhibition of Judge Estrada

    Uploaded by

    Pam Ramos
    78 views1 page
    Judge Estrada inhibited himself from a case involving a rural bank due to his position on the board of directors of a different rural bank. The court required Estrada to explain why he should not be disciplined for holding this position given a circular prohibiting judges from such roles. Estrada said he resigned from the board in 1997. However, he was appointed as a judge in 1994 and did not resign until 1997, violating the circular. The court reprimanded Estrada and warned of more severe punishment if he commits similar acts, finding he failed to comply with the circular by not immediately resigning his director position upon becoming a judge.

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    Ethics Digest

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    Judge Estrada inhibited himself from a case involving a rural bank due to his position on the board of directors of a different rural bank. The court required Estrada to explain why he should not be disciplined for holding this position given a circular prohibiting judges from such roles. Estrada said he resigned from the board in 1997. However, he was appointed as a judge in 1994 and did not resign until 1997, violating the circular. The court reprimanded Estrada and warned of more severe punishment if he commits similar acts, finding he failed to comply with the circular by not immediately resigning his director position upon becoming a judge.

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    © All Rights Reserved
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    78 views1 page

    Re: Inhibition of Judge Estrada

    Uploaded by

    Pam Ramos
    Judge Estrada inhibited himself from a case involving a rural bank due to his position on the board of directors of a different rural bank. The court required Estrada to explain why he should not be disciplined for holding this position given a circular prohibiting judges from such roles. Estrada said he resigned from the board in 1997. However, he was appointed as a judge in 1994 and did not resign until 1997, violating the circular. The court reprimanded Estrada and warned of more severe punishment if he commits similar acts, finding he failed to comply with the circular by not immediately resigning his director position upon becoming a judge.

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    © All Rights Reserved
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    of 1

    Temporal

    CASE TITLE:
    Re: Inhibition of Judge Bienvenido R. Estrada, Regional Trial Court, Branch 57, San Carlos City, Pangasinan,
    in Civil Case No. SCC-1822
    G.R. NUMBER & DATE: A.M. No. 98-1-32-RTC. July 29, 1998

    PETITIONERS:
    RESPONDENTS:

    NATURE OF CASE: Court’s Resolution regarding Judge Estrada’s decision to inhibit himself from the
    Umengan Estate v Rural Bank of Binmaley
    DOCTRINE/PRINCIPLE: Inhibition of Judges

    FACTS:
     Judge Estrada inhibited himself from the “The Umengan Estate v Rural Bank of Binmaley on the
    ground that he was a member of the Board of Directors of the Rural Bank of Labrador – one of the
    respondents
    o Court required Judge Estrada to explain why no disciplinary sanction should be imposed on him
    for holding a position in the Rural Bank of Labrador
    o In his answer, he said that he resigned in the Board effective May 31, 1997
    o Upon investigation, OCA informed the court that Judge Estrada was transferred to the Judiciary
    some time in May 17, 1994
    Petitioner’s Arguments:
    Respondent's Arguments:

    ISSUE: WON Judge Estrada should be disciplined? YES

    FALLO: WHEREFORE, Judge Bienvenido R. Estrada is hereby REPRIMANDED with the WARNING that
    repetition of the same or similar acts for which he is being reprimanded will be dealt with more severely.

    HELD: Yes it is double taxation.


     Circular No. 6 dated April 10, 1987 strictly enjoins all Judges, Clerks of Court and Sheriffs not to accept
    the position of director or any other position in any electric cooperative or other enterprises, or to resign
    immediately from such position if they are already holding the same so as not to prejudice the
    expeditious and proper administration of justice.In violation of this circular, Judge Estrada, who was
    appointed to the judiciary on May 17, 1994, did not resign from the Board of Directors of the Rural Bank
    of Labrador until May 31, 1997
     Judge Estrada failed to comply with the directive of Circular No. 6 dated April 10, 1987. The fact that he
    has already resigned as a Member from the Directorship of the Rural Bank of Labrador does not
    excuse him from any administrative liability. As a Judge he should be faithful to the law and maintain
    professional competence. The present controversy could have been avoided had he kept faith with the
    injunction that as a member of the bench he must continuously keep himself abreast of legal and
    jurisprudential developments because the learning process in law never ceases
    o assuming that Judge Estrada acted in good faith in having himself appointed as a member of
    the Board of Directors in the Rural Bank of Labrador and that he has already resigned from the
    same, such considerations will simply mitigate his administrative liabilities but will not altogether
    excuse his ignorance of the law/circulars

    Notes:

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