Atty. Melvin D.C. Mane v. Judge Medel Arnaldo B. Belen, Regional Trial Court, Branch 36, Calamba City, A.M. No. RTJ-08-2119, June 30, 2008 (Formerly A.M. O.C.A. IPI No. 07-2709-RTJ)

This is a case of Atty. Mane v. Judge Belen which stems from a letter-complaint dated May 19, 2006 of Atty. Melvin D.C. Mane charging Judge Medel Arnaldo B. Belen, Presiding Judge of Branch 36, Regional Trial Court, Calamba City, of demeaning, humiliating, and berating him during the hearing on February 27, 2006 of Civil Case No. 3514-2003-C, "Rural Bank of Cabuyao, Inc. v. Samuel Malabanan, et al" in which he was counsel for the plaintiff.

To prove his claim, Atty. Mane cited the remarks of Judge Belen in the course of the proceedings conducted on February 27, 2006:

COURT:

     … Sir, are you from the College of Law of the University of the Philippines?

ATTY. MANE:

     No, Your Honor, from Manuel L. Quezon, Your Honor.

COURT:

     No, you're not from UP.

ATTY. MANE:

     I am very proud of it.

COURT:

     Then you're not from UP.  Then you cannot equate yourself to me because there is a saying and I know this, not all law students are created equal, not all law schools are created equal, not all lawyers are created equal despite what the Supreme Being that we all are created equal in His form and substance. (Emphasis supplied)

Despite the withdrawal of the complaint, the OCA continued pursuing with the administrative complaint as it does not divest the Court of its disciplinary authority over court officials and personnel.  Thus, the complainant's withdrawal of the instant complaint will not bar the continuity of the instant administrative proceeding against Judge Belen.

The OCA made the following evaluation, among others, to wit:

... A judge's official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach.  A judge must at all times be temperate in his language.  Respondent judge's insulting statements which tend to question complainant's capability and credibility stemming from the fact that the latter did not graduate from UP Law school is clearly unwarranted and inexcusable. When a judge indulges in intemperate language, the lawyer can return the attack on his person and character, through an administrative case against the judge, as in the instant case.

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Judge Belen should bear in mind that all judges should always observe courtesy and civility.  In addressing counsel, litigants, or witnesses, the judge should avoid a controversial tone or a tone that creates animosity.  Judges should always be aware that disrespect to lawyers generates disrespect to them.  There must be mutual concession of respect.  Respect is not a one-way ticket where the judge should be respected but free to insult lawyers and others who appear in his court.  Patience is an essential part of dispensing justice and courtesy is a mark of culture and good breeding.  If a judge desires not to be insulted, he should start using temperate language himself; he who sows the wind will reap a storm.

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The Court finds the evaluation by the OCA well-taken and thus:

An alumnus of a particular law school has no monopoly of knowledge of the law.  By hurdling the Bar Examinations which this Court administers, taking of the Lawyer's oath, and signing of the Roll of Attorneys, a lawyer is presumed to be competent to discharge his functions and duties as, inter alia, an officer of the court, irrespective of where he obtained his law degree. For a judge to determine the fitness or competence of a lawyer primarily on the basis of his alma mater is clearly an engagement in an armentum as hominem. (emphasis supplied)

WHEREFORE, respondent, Judge Medel Arnaldo B. Belen, Presiding Judge of the Regional Trial Court, Branch 36, Calamba City, is found GUILTY of conduct unbecoming of a judge and is REPRIMANDED therefor.