SC sacks judge for borrowing money from litigants

THE Supreme Court (SC) dismissed on Thursday, February 6, Judge Bonifacio Macabaya of Regional Trial Court Branch 20 in Cagayan de Oro for borrowing money from litigants in cases pending before his court.

In the SC en banc decision promulgated on February 4, the court dismissed Macabaya and perpetually disqualified him from reemployment in the public service.

The court also forfeited his retirement benefits for violating paragraph 7, Section 8, Rule 140 of the Rules of Court, which also constitutes gross misconduct in violation of the New Code of Judicial Conduct.

According to the SC website, the dismissal stemmed from the complaints of Leonaria Neri, spouses Abeto Salcedo Jr. and Jocelyn Salcedo, Evangeline Camposano, and Hugo Amorillo Jr. who all claimed that Macabaya borrowed a large sum of money outside the courtroom while their cases were pending before his sala.

Macabaya denied the allegations and said the complainants were only coerced to file a complaint against him as part of an alleged grand design by an Office of the Court Administrator official and other judges to discredit him.

The SC held that Macabaya's denial "carries little weight," pointing out that judges must adhere to the highest standards of judicial conduct and public accountability lest his action erode the public faith in the judiciary.

"Thou shalt not borrow money from a litigant if you're a judge or face dismissal," the court said.

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