A.M. No.

MTJ-90-496 August 18, 1992

MARCELO B. ASUNCION, LUCITA ASUNCION, JOSEFINA DEL ROSARIO,
MIRIAM ASUNCION, and MARILOU ASUNCION, complainants,
vs.
HON. K. CASIANO P. ANUNCIANCION, JR., Presiding Judge,
Metropolitan Trial Court, Branch XI, Manila, respondent.

Issue:
Whether or not the respondent, Judge K. Casiano P. Anunciancion, displayed and is
guilty of serious misconduct, oppression and ignorance of the law, which further
resulted to a violation of the complainants’ human rights.

Facts:
Respondent Metropolitan Trial Court Judge K. Casiano P. Anunciacion, Jr. of Manila was
being charged with 1) ignorance of the law and judicial incompetence, 2) oppression
and arbitrary exercise of power, and 3) violation of human rights in line with his exercise
of judicial decision-making in a previous ejectment case which involved the
complainants (as respondents) and a Herminio Samson (who filed the ejectment case
and stood as the complainant).

During the said ejectment case hearing, the said respondent judge allegedly hastily
adjourned the proceedings after the complainant Marcelo Asuncion gave his statement,
which the respondent judge saw as an admission of the contempt being charged
against the respondents of the said ejectment case, and issued an Order.

Furthermore, during the said ejectment case, Asuncion requested a postponement

because his lawyer was not available at that time. However, it was denied by the
respondent judge and, in a loud voice, declared that he would put Asuncion's wife and
daughters in jail, where he indeed called a branch sheriff to enforce his order to put
Asuncion's wife and daughters in jail.

Held:
The case was raffled to the Regional Trial Court of Manila, Branch 27, for investigation,
report and recommendation. On June 8, 1992, Judge Edgardo P. Cruz submitted an
Investigation Report recommending that respondent Judge be fined and given an
appropriate warning.

After reviewing the records of the proceedings before respondent Judge, the Court
agrees with the investigating Judge that respondent Judge Anunciacion acted arbitrarily,
despotically and with complete disregard for the complainants' rights, when he ordered
them to be jailed without even informing them of the charge against them, either by
furnishing them with a copy of the contempt motion or reading it to them. Respondent
Judge did not inform the complainants of the nature and cause of the accusation against
them contrary to the directive in Sec. 3, Rule 71 of the Rules of Court. Neither did he
give the complainants a chance to explain their side.

Moreover, respondent Judge denied them the right to be assisted by counsel and the
right to defend themselves, even as their father, Marcelo Asuncion, pleaded for
postponement of the proceedings because his lawyer was not available at the time. By
his oppressive and precipitate action, respondent Judge displayed arrogance and gross
ignorance of the law and violated the complainants' human rights.
WHEREFORE, the Court finds respondent Judge K. Casiano P. Anunciacion, Jr. guilty of
serious misconduct, oppression and ignorance of the law and sentences him to pay a
fine of P10,000 to the cashier of the Supreme Court. He is warned that a repetition of
the offense in the future will be dealt with more severely.