SPOUSES MAKADAYA SADIK and USODAN SADIK vs. JUDGE ABDALLAH CASAR, G.R. No. MTJ-95-1053, January 2, 1997

SADIK vs. CASAR

G.R. No. MTJ-95-1053, January 2, 1997

FACTS:

On February 14, 1985, one Lekiya Paito filed an application for life insurance with the Great Pacific Life Assurance Corporation (Grepalife) in Cotabato City. The application was approved and Policy No. 0503033 was issued in her name for the amount of P30,000.00 with an accidental death benefit rider. Named as beneficiaries were her daughters, Linang Minalang and Makadaya Sadik. She paid the initial premium of P410.00.

On October 12, 1985, Lekiya Paito died. The beneficiaries and/or through their representatives sought for and obtained the assistance of respondent, who was then a trial attorney of the Bureau of Forest Development, Cotabato City, to pursue the approval of their claim for payment of the insurance benefits with Grepalife.

On November 17, 1989, the Regional Trial Court rendered a decision in favor of plaintiffs and against the defendant ordering the latter to pay to the former the sum of P30,000.00 as “benefit due them under Insurance Policy No. 503033.” The court denied plaintiffs” claim for double indemnity of P60,000.00 under the accidental death rider. At this time, respondent was already the presiding Judge of the 5th Municipal Circuit Trial Court of Kolambugan-Maigo.

Upon receipt of the decision, respondent as counsel for plaintiffs filed a notice of appeal to the Court of Appeals even as defendant likewise filed an appeal. Respondent represented the plaintiffs in the appeal. After the dismissal of its petition by the Supreme Court, Grepalife filed a Manifestation dated 6 July 1993 with the Regional Trial Court, Br. 13, Cotabato City declaring its willingness to pay the judgment award and depositing with said court RCBC check No. 62837 in the amount of P30,000.00 payable to the plaintiffs.

Respondent collected the check from the Clerk of Court of the Regional Trial Court, Br, 13, Cotabato City and thereafter cashed it. Respondent did not deliver the said money judgment to the plaintiffs. On January 26, 1995, complainants filed their administrative complaint.

ISSUE: W/N Respondent Judge is guilty and must be dismissed from service

HELD:

Respondent’s act of collecting the judgment award of P30,000.00 from the Clerk of Court of RTC, Cotabato City and his refusal to turn over the amount to his client, complainant Makadaya Sadik and her sister, is an act of misappropriation amounting to gross misconduct and/or dishonesty. His defense that he has the right to retain the entire P30,000.00 as attorney’s lien in unacceptable. For he has no right to retain the judgment award allegedly to secure payment of litigation expenses and attorney’s fees. He had no authority to practice law while in government service. In continuing to handle the case of herein complainants against Grepalife after he joined the government and without first securing proper authority is no less constitutive of abuse of authority. Furthermore, he violated Rule 5.06 of the Code of Judicial Conduct which prohibits a judge to engage in the private practice of law. 

He likewise violated the Attorney’s Oath in agreeing to file Civil Case No. 2747 for the purpose of claiming the insurance proceeds from Grepalife despite his having been informed that the insurance policy of Lekiya Paito was fraudulently applied for. Agreeing to handle the claim said to have arisen from a fraudulent act against the insurer certainly speaks of a moral flaw in his character. xxx But scam or not we are convinced that the complainant Makadaya Sadik is not an impostor. She denied that she is the step-daughter of Lekiya Paito. She insisted she is the youngest daughter and she named all her brothers and sisters. And it was respondent who presented her in Civil Case No. 2747 as Makadaya Sadik daughter of Lekiya Sadik and one of the beneficiaries of the latter’s insurance policy.

Indeed, to be effective in his role, a judge must be a man of exceptional integrity and honesty. The special urgency for requiring these qualities in a judge is not hard to understand for the judge acts directly upon the property, liberty, even life, of his countrymen. Hence, being in a position of such grave responsibility in the administration of justice, a judge must conduct himself in a manner befitting the dignity of such exalted office.

Respondent judge, however, not only failed in this respect but proved himself repeatedly unworthy of his post.

This Court notes that respondent had been previously fined P5,000.00 and sternly warned for knowingly issuing an order without jurisdiction and with grave abuse of discretion. Moreover, he has four other administrative cases docketed against him involving various charges such as gross ignorance of the law, gross incompetence, illegal possession of firearms and ammunitions and falsification of public documents.

Respondent judge’s seeming propensity to transgress the very law he is sworn to uphold makes him unfit to discharge the functions of a judge. Judicial office demands the best possible men and this Court will not hesitate to rid its ranks of undesirables who undermine its efforts towards effective and efficient administration of justice, thus tainting its image in the eyes of the public.