Judge who heckled town execs fined

A Camarines Sur judge, who in an alleged drunken fit heckled the mayor and several municipal officials over the revocation of his nephew-in-law’s cockpit license, has been castigated by the Supreme Court and slapped a P20,000 fine for conduct unbecoming of a member of the judiciary.

Judge Nilo Malanyaon, of Regional Trial Court Branch 32 in Pili, Camarines Sur, also got a "stern warning" that a repeat of such a violation of the Code of Judiciary, would be dealt with more severely.

The Office of the Court Administrator recommended only a P5,000 fine, saying that in his 17 years in the judiciary, Malanyaon had never been sanctioned, except once by reprimand.

But in its decision penned by Associate Justice Dante Tinga, the Supreme Court said Malanyaon’s offense was serious.

In fact, the complainants — Mayor Julieta Decena, Vice Mayor Virgilio Pontanal and councilors Amelita Ibasco, Gerry Raña, Pedro Mora Jr. and Ferdinand Aguila, all of Bula town — had sought Malanyaon’s disbarment and dismissal from the judiciary.

The incident occurred during a Feb. 21, 2000 session of the Bula municipal council where the revocation of two previous resolutions authorizing Malanyaon’s nephew-in-law and former vice mayor Rolando Canet to operate a cockpit in the municipality, was on the agenda.

Both Malanyaon and Canet, along with their supporters, attended the session. But during the proceedings, the judge hurled invectives at the vice mayor, who was presiding over the session, and the councilors.

In a report, the Court of Appeals said the judge lambasted the council members and made insulting remarks because he was defending his nephew-in-law’s right to operate a cockpit.

Two of the councilors and other witnesses also confirmed that Malanyaon reeked of alcohol when he showed up at the session hall.

The judge’s outburst prompted the municipal council to suspend its session.

Malanyaon, however, denied being drunk but admitted hurling harsh words at the council members, arguing that the proposed revocation of his nephew-in-law’s cockpit license was illegal.

"The remarks uttered are patently defamatory and even vulgar. Indeed, such utterances should not be expected of a public official worthy of his office," the Supreme Court said.

"The Code of Judicial Conduct requires that a judge shall neither allow family relationships to influence judicial conduct or judgment, nor allow the prestige of judicial office to be used or lent to advance the private interest of others," it added.

The High Court said Malanyaon "should be reminded that his judicial identity does not terminate at the end of the day when he takes off his judicial robes. Even when garbed in casual wear outside the halls of justice, a judge retains the air of authority and moral ascendancy that he or she wields inside the sala."

It said Malanyaon’s actuations were inexcusable, and cited his disrespect for his fellow public officers like the municipal council members.

The Supreme Court said he should not interfere with an independent legislative body being a member of a separate branch of government.

Anyone who disrupts official proceedings deserves to be sanctioned, it said.

"Judge Malanyaon’s active participation in apparent concert with Canet’s supporters exposed him as nothing but a common lobbyist, as he forgot to act as a judge with the standard judicial temperament and prudence," it added.