A retired judge in Surigao City was slapped with a P550,000 fine for various violations and misconduct, including falling asleep and smoking in the middle of a court hearing.
In a 37-page ruling promulgated on March 4, 2025, the Court en banc found retired Municipal Trial Court in Cities Branch 2 Judge Julieto Bajan of Surigao City guilty of violating the New Code of Judicial Conduct for his actions and directed him to pay the fine.
Records of the case showed that Bajan was the subject of two anonymous complaints that said they were litigants in cases pending before his sala.
They claimed that Bajan’s conduct of arriving late, smoking, and sleeping while conducting hearings resulted in delays in the resolution of their cases.
One of the complainants claimed the court trial would begin at 11:30 in the morning instead of 8:30 and parties would have to wait for more than two hours only for the proceeding to be cancelled.
Aside from this, the complaint said Bajan would hear cases in his sala in Surigao City, although they were raffled off to MTCC of Placer-Bacuag in Surigao del Norte.
The investigation on Bajan’s alleged misconduct was conducted by Executive Judge Victor Canoy of the Surigao City Regional Trial Court and Executive Judge Cesar Bordalba of MTCC Surigao City, which confirmed the allegations against him.
The findings revealed that he is liable for habitual tardiness and bringing cases from other courts to his sala without authority.
It also confirmed the allegations in the complaints that he smokes and falls asleep while holding hearings.
In his defense, Bajan denied the allegations and asked that it be dismissed, arguing that it was meant to damage his reputation.
He also cited the alleged procedural flaws of the complaints, such as the lack of verification and supporting public records.
But the Judicial Integrity Board (JBC) affirmed the finding and found Bajan guilty of violating Supreme Court rules and the New Code of Judicial Conduct.
The JIB recommended that he pays a P300,000 fine.
The SC adopted the JIB recommendation, adding that despite Bajan’s retirement in May 2023, it retains jurisdiction to declare him either innocent or guilty of the charges against him and impose the corresponding penalty.
The en banc said there is sufficient evidence proving that Bajan violated the SC circular against smoking in court buildings and halls of justices.
“Based on the evidence on record, Judge Bajan is liable for two separate violations of the court’s circulars on smoking and on the prohibition of hearing cases in other courts,” the SC ruling penned by Associate Justice Ricardo Rosario said.
“In the instant case, the investigating judges found that Judge Bajan openly smoked during trial and in chambers. It was further noted that even court staff have complained about his smoking habits, but to no avail,” it added.
As to holding hearings of cases in other courts, the SC said this violates OCA Circular No.90-2004.
“Under the Constitution, only the Supreme Court can order the change of venue or place of trial in order to avoid the miscarriage of justice,” the SC explained.
“By hearing the case for another branch, Judge Bajan affected the orderly dispensation of justice. Indeed, Judge Bajan overstepped his authority. More significantly, by hearing and transferring cases from other courts to a different station, Judge Bajan arrogated upon himself authority no less than only the High Court possesses. Needless to state, such conduct cannot be tolerated,” the SC added.
