Legal & Judicial Ethics, 2011 Bar — Question 13

MULTIPLE CHOICE

On appeal, RTC Judge Rudy affirmed the MTC's conviction of Lorna for violation of the bouncing checks law and awarded Agnes, the complainant, Php1.6 million in damages. Two years later, upon Lorna's motion and after ascertaining that her counsel never received the court's decision, Judge Rudy recalled the entry of judgment in the case, reversed himself, and absolved Lorna of guilt. Claiming an unjust judgment, Agnes filed an administrative complaint against Judge Rudy, saying that it is plain from the circumstances that he connived with Lorna, her counsel, and the handling prosecutor. But she offered no further evidence. Rudy denied the charges and asserted that any error in his judgment is correctible only by an appeal, not by an administrative suit. Should Judge Rudy be disciplined? (A) No, because Agnes’ complaint is merely based on suspicions and speculations. (B) No, because Agnes has yet to establish that Rudy's decision is plainly erroneous. (C) Yes, because he gravely abused his discretion in recalling the entry of judgment. (D) Yes, because reconsidering the judgment of conviction that the MTC and he earlier issued shows anomaly in Judge Rudy's action.

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