(D) PONCIANO A. ARBAN vs. JUDGE MELECIO B. BORJA A.M. No. R-281-RTJ. August 26 1!86
FACTS: Ponciano A. Arban, the then District Engineer for Camarines Sur, Ministry of Public Wors an! "igh#ays, file! the instant a!ministrati$e case for gra$e miscon!uct against %u!ge Melecio &. &or'a, Presi!ing %u!ge of &ranch ((, )egional Trial Court, )egion of *aga City. The +etition allege! that: ast February -, /012, at about /:/3 +.m., at the Cin!y4s )estaurant in !o#nto#n *aga City, in the +resence of +eo+le taing their lunch an! others, the sai! res+on!ent, hit #ith the +istol he #as carrying the +etitioner on the left si!e of his hea!, sen!ing him s+ra#ling to the floor an! ren!ering him momentarily unconscious. Still not satisfie! #ith his !is+lay of $iolence in +ublic, the res+on!ent also threatene! #ith his sai! gun the com+anions of the +etitioner. Minutes before his +istol5#hi++ing of the +etitioner, the res+on!ent fire! his gun in the balcony of the a+artment he is lo!ging in, from #here he follo#e! the +etitioner to the sai! restaurant. 6n his Ans#er, %u!ge &or'a !enie! the charge against him. This action #as taen e$en before Engineer Arban file! the +resent +etition consi!ering our res+onsibility to !isci+line erring members of the bench an! bar an! to +reser$e the integrity of the 'u!iciary. "ence, the fact that the com+lainant file! a motion to #ith!ra# his com+laint an! the fact that the +ublic a+ology of %u!ge &or'a satisfie! the +etitioner as far as his +ersonal interests in the case #ere concerne! is not $ery material nor controlling. controlling. The truth is #hat is im+ortant. Di! the res+on!ent %u!ge commit an act of serious miscon!uct, one #hich !egra!es the integrity of the 'u!icial office an! ser$es as a !emorali7ing e8am+le to the +ublic9 %ustice !e Pano a+tly state! in his )e+ort: The com+lainant4s a$o#al that his ;+ersonal interests4 ha$e been 4alrea!y satisfie!,4 is not all there is to this case. There is the matter of the +ublic interest in$ol$e! in the case. The res+on!ent is not 'ust an or!inary citi7en, but a highly $isible member of the 'u!icial branch of the )E, %u!ge Melecio &. &or'a is foun! guilty of gra$e miscon!uct an! is hereby or!ere! DI"MI""ED from the ser$ice, #ith forfeiture of retirement benefits an! #ith +re'u!ice to reinstatement reinstatement in any branch of the go$ernment or any of its agencies or instrumentalities. "o#e$er, he shall be +ai! any bac salaries or accrue! lea$es #hich are !ue to him as of this !ate. This !ecision is imme!iately e8ecutory.
