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SECOND DIVISION

A.M. No. 2258-CFI July 20, 1981

VICENTE D. TRINIDAD, Ex-Mayor of Iguig, Cagayan, Complainant, vs. JUDGE GABRIEL O. VALLE, JR., Court of First Instance of Ilocos Norte, Laoag City Branch II, Respondent.

R E S O L U T I O N

AQUINO, J.:

Vicente D. Trinidad, former mayor of Iguig, Cagayan, in his affidavit of August 6, 1979, charged Judge Gabriel O. Valle, Jr. of the Court of First Instance of Ilocos Norte (a native of Baggao, Cagayan) with having delivered a speech at a conference of barangay captains in the house of Mayor Proceso Maramag at Iguig, advising them to support the leadership of Maramag and Minister of Defense Juan Ponce Enrile.chanroblesvirtualawlibrarychanrobles virtual law library

The charge was supported by the affidavits of Caridad D. Trinidad, Pablo Calagui, Peregrino Abana, Santos Mina and Felipe Banatao.chanroblesvirtualawlibrarychanrobles virtual law library

Judge Valle happened to be in Iguig at that time because he was rendering rural service, He admitted that he delivered a speech in Ilocano but he denied that he favored Maramag.chanroblesvirtualawlibrarychanrobles virtual law library

According to his version, he told the barangay captains that because former Mayor Trinidad was allegedly his cousin and Maramag had been his colleague in the fiscal's office, he had no comment to make, He said that he enjoined the barangay captains to "follow the doctrine of the New Society" and to "vote honestly." chanrobles virtual law library

We find that it was improper or indecorous for Judge Valle to have taken part in the political meeting held in Maramag's house. He should have realized that his mere presence there would be construed as an endorsement of Maramag as against complainant Trinidad and that such behavior would render him vulnerable to the charge of electioneering.chanroblesvirtualawlibrary chanrobles virtual law library

The Constitution provides that "no officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote" [Sec. J, Art. XII(B)].chanroblesvirtualawlibrary chanrobles virtual law library

That prohibition is repeated in section 36(b)(26) of Presidential Decree No. 807, the Civil Service Decree of the Philippineschanrobles virtual law library

As rightly observed by the complainant, a sense of delicadeza should have deterred Judge Valle from attending that political meeting. Notwithstanding respondent's disclaimer, the record contains strong indications that he was engaged in partisan political activity when he attended the political meeting in the house of Mayor Maramag.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, a fine equivalent to his compensation for seven days is imposed on respondent judge.chanroblesvirtualawlibrarychanrobles virtual law library

A copy of this resolution should be attached to his personal record.

Barredo, Fernandez, Abad Santos and De Castro, JJ., concur.




























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