Macariola vs Asuncion Case Digest – AM No. 133-J, May 31, 1982

Macariola vs Asuncion Case Digest

Macariola vs Asuncion Case Digest


Facts

On August 6, 1968, petitioner, Bernadita Macariola charged responded Judge Elias Asuncion of CFU of Leyte, Now Associate Justice of CA, with “acts unbecoming of a judge” when the latter purchased a property that was previously the subject of litigation on which he rendered the decision. The shares of interests in said property were conveyed in the Trade Manufacturing and Fishing Industries Inc. to which their shares and interests in said property were conveyed. According to the petitioner, the respondent allegedly violated Article 14 of the Code of Commerce.


People vs Perfecto Case Digest – Gr No L-18463, October 4, 1922


Issues

Is Article 14 of the Code of Commerce still in force?

Ruling

Article 13 partakes of the nature of a political law as ti regulates the relationship between the government and certain public officers and employees like justices and judges. Said provision must be deemed to have been abrogated because where there is a change of sovereignty, the political laws of the former sovereign are automatically abrogated. As such Art. 14 is not in force.

The respondent was advised by the Court to be more discreet in his private and business activities.


Macariola vs Asuncion Case Digest

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