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Supreme Court dismisses judge for borrowing money from litigants


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The Supreme Court (SC) has dismissed from the service a regional trial court (RTC) judge who allegedly borrowed money from litigants in cases pending before his sala.

Judge Bonifacio Macabaya of Cagayan De Oro City, Misamis Oriental RTC Branch 20 was also perpetually disqualified from public service and had his retirement benefits forfeited, according to the SC's Public Information Office (PIO).

The dismissal stemmed from the complaints of five persons who all claimed that the judge "sought them outside the courtroom and borrowed a large sum of money from them while their respective cases were pending before his sala."

The PIO neither specified the amount nor provided other details on the alleged money borrowing.

The complainants' sworn statements were forwarded to the Office of the Court Administrator, which endorsed an administrative case to the SC, which in turn referred it to a Court of Appeals justice for investigation, the PIO said.

The PIO said Macabaya denied the allegations and claimed that the complainants were "coerced" to file the complaint as part of an alleged "grand design" by an OCA official and other judges to discredit him.

"The SC held that Judge Macabaya’s general denial carries little weight," the PIO said.

"It stressed that judges must adhere to the highest standards of judicial conduct and public accountability lest his action erode the public faith in the Judiciary."

Macabaya was found to have violated Paragraph 7, Section 8, Rule 140 of the Rules of Court (borrowing money or property from lawyers and litigants in a case pending before the court), which also constitutes gross misconduct in violation of the New Code of Judicial Conduct, the PIO said.

A copy of the decision, promulgated Tuesday, was not immediately made available. — MDM, GMA News