ISABEL AGDEPPA, COMPLAINANT, VS. JUDGE VIRGILIO SY JAVIER OF STA. PRAXEDES, CAGAYAN, RESPONDENT.

The commitment of the judiciary to the ideal of justice impartially
administered, in reality as well as in appearance, is a truism.  When municipal judges were allowed to
practice, it was not unreasonable to harbor the suspicion that their appearance
before other municipal courts could in close cases tilt the balance in their
favor.  Hence the
directive of the Department of Justice prohibiting them from practicing therein.  It was the non-observance thereof by Judge Virgilio Sy Javier of Sta. Praxedes, Cagayan that was the
basis of an administrative complaint against him.  It turned out that on several occasions,
after his appointment as such municipal judge, respondent appeared as counsel
for the accused Juanito Dascil
in a preliminary investigation for a murder charge in Criminal Case No. 688,
pending before the municipal court of Sanchez Mira, Cagayan.  There was vigorous opposition on such
appearance on the part of the counsel for complainant but respondent
persisted.  The complaint against the
accused therein was dismissed.

The matter was then referred for investigation to District Judge Victorino A. Savellano of the
Court of First Instance of Sanchez Mira, Cagayan.  Thereafter, with both complainant and
respondent being duly heard, he submitted his report.  He stressed therein that the high regard of
the public for the judiciary would be minimized if judges failed to obey
circulars intended to “strengthen the
people’s abiding faith” in judicial impartiality.  There could be an
erosion thereof if one municipal judge can appear before another.  Rightfully, the suspicion may be entertained
that the sense of fraternity among the men on the bench may influence the
disposition of cases.  Accordingly, he
recommended that respondent be admonished.

Such recommendation of mere admonition is, however, according to
our Judicial Consultant, too mild a penalty considering the rather defiant
attitude exhibited by respondent.  To
impress upon him the seriousness of the infraction, it is his submission that
respondent be censured and reprimanded. 
Such a recommendation meets with our approval.

WHEREFORE, respondent Judge Virgilio Sy Javier is censured for his failure to obey and respect
the Department of Justice circular prohibiting municipal judges from appearing
for party litigants in municipal courts.

Let a copy of this resolution be spread on his record.

Barredo, Antonio, Aquino,
and Concepcion,
Jr., JJ., concur.