LIHAYLIHAY vs.  CANDA

         A.M. No. MTJ-09-1730, June 18, 2009

Facts:
   On 5 January 2006,  Respondent Judge Canda sent a text message to Lihaylihay stating, “Maayo tingali modistansya ka anang mga tawhana kay basin masabit ka, pakiusap lang ni.” Taking the text message as a threat, Lihaylihay reported it to the police and requested that a blotter entry be made. 

     On 6 January 2006, Judge Canda sent another text message stating, “For maliciously causing it to appear as threatening in the police blotter of what is otherwise a very harmless text message of appeal I consider the same as declaration of war, don’t worry you will have your owned fair share of trouble in due time.” 

     On  20 January 2006, petitione Lihaylihay filed a complaint   with the Office of the Court Administrator (OCA) charging Judge Canda of (1) bullying her; (2) ridiculing, humiliating, and besmirching her reputation by publishing in the newspaper the 11 January 2006 letter describing her as a GRO and a whore; (3) sending her threatening text messages; and (4) sending her indecent text messages. The case was docketed as MTJ-06-1659.
      On 25 January 2006,  Judge Canda filed a complaint with the OCA charging Lihaylihay with conduct unbecoming a court employee for publishing in the newspaper her 20 January 2006 comment. The case was docketed as A.M. No. P-06-2254.

     The OCA found that Lihaylihay and Judge Canda failed to preserve the good image of the judiciary. The OCA stated that:
    This Office is disappointed, nay, ashamed of the actuations of the complainant and respondent in this case. Their disgraceful behavior adversely affects the good image of the judiciary. Their actuations degraded the image of the courts before the eyes of the public.  
       In the instant case, respondent, although not directly responsible for the publication of her comment should have exercised prudence in dealing with the media considering the interest generated by the publication of the complaint against her by Judge Canda. She should have known that the media would take advantage of the opportunity to sensationalize the case considering the personalities involved.

  Issue: 
    Whether or not Judge Canda is liable for gross misconduct by humiliating and sending indecent messages to Lihaylihay. 

  Held:

   Judge Canda’s acts of (1) threatening Lihaylihay with her “fair share of trouble in due time”; (2) filing administrative complaints and a criminal case to harass her; (3) describing her as a “GRO,” “undignified,” a “whore,” “disgusting,” “repulsive,” “pakialamera,” “offensive,” “demeaning,” and “inappropriate”; and (4) publishing such foul remarks in the newspaper are very unbecoming a judge. The image of the judiciary is reflected in the conduct of its officials and Judge Canda subjected the judiciary to embarrassment.


     WHEREFORE, the Court finds Judge Alejandro T. Canda, Municipal Circuit Trial Court, Liloy-Tampilisan, Judicial Region IX, Zamboanga del Norte, GUILTY of GROSS MISCONDUCT CONSTITUTING VIOLATIONS OF THE CODE OF JUDICIAL CONDUCT.