"A judge may not involve himself in any activity constituting private practice of law."
FACT:
During an administrative hearing involving Dr. Malanyaon, where she was represented by her daughter, Atty. Ma. Kristina Malanyaon as her counsel, Judge Nilo Malanyaon sat down beside Atty. Ma. Kristina, his daughter during the proceedings. On several occasions, Atty. Ma. Kristina made manifestations while glancing on the paper handed by her father, Judge Malanyaon. The counsel for the complainant questioned the propriety of Judge Malanyaon to be sitting and assisting his daughter during the proceedings. Judge Malanyaon justified that he was merely assisting his daughter who just recently passed the bar. The complainant invoked that the actuation of the respondent is a conduct unbecoming of a judge in violation of the New Code of Judicial Conduct where judges are prohibited from engaging in the private practice of law or giving professional advise to the clients.
ISSUE:
Is the respondent guilty of conduct unbecoming of a judge?
RULING:
It was held that the act of the respondent of sitting beside his daughter on a seat reserved for lawyers during a hearing manifests the presumption and of his intention to exert influence as a judge on the case. In addition, the respondent also admitted that he needs to guide his daughter during the proceedings where he coached and advised her and also admitted that it was his filial duty to be there for his wife and daughter. His conduct constitutes private practice of a lawyer. The respondent should have restrained himself from acting the same for these are not enough reasons for his to forsake the ethical conducted expected of him as a judge.
The court also found that it was clear that the respondent engaged in a private practice of a lawyer when he coached his daughter in open court in making manifestations, posing motions, and preparing questions for his daughter to ask before the proceedings. He did so willingly and deliberately and after announcing when questioned about his presence that he is the counsel of his daughter.
It was also pointed out that a lawyer who accepts an appointment to the Bench must know that their right to practice law as a member of the Philippine Bar is suspended and shall continue throughout their tenure as a judge. Judges are subject to constant public scrutiny thus they should willingly and freely accept the restrictions on their conduct.
The respondent was therefore guilty for conduct unbecoming of a judge.
