4/30/2021
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Canon 3, Rule 3.01 of the Code of Judicial Conduct exhorts judges to be "faithful to the
law and maintain professional competence." The Court, in exercising administrative
supervision of all lower courts, has not been remised in reminding the members of the
bench to exert due diligence in keeping abreast with the development in law and
jurisprudence. Besides, Circular No. 39-97 is not a new circular. It was circularized in
1997 and violation of which has been accordingly dealt with in numerous cases before
the Court. Herein judge, therefore, cannot be excused for his infraction. Judges should
always be vigilant in their quest for new developments in the law so they could
discharge their duties and functions with zeal and fervor.
In recent cases,[1] involving similar violations, this Court imposed the penalty of
reprimand on erring judges. Hence, the same penalty should be imposed on respondent
judge.
WHEREFORE, Judge Marino S. Buban is hereby REPRIMANDED with the warning that
a repetition of the same and similar acts in the future will be dealt with more severely.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, Pardo, and Ynares-Santiago, JJ., concur.
[1] Office of the Court Administrator v. Judge Salvador B. Mendoza, A.M. No. 00-1281-
MTJ, September 14, 2000; Issuance of Hold Departure Order of Judge Luisito T.
Adaoag, MTC, Camiling, Tarclac, A.M. No. 98-8-126-MTC, September 22, 1999; Hold
Departure Order issued by Judge Eusebio M. Barot, MCTC, Branch 2, Aparri, Calayan,
Cagayan, A.M. No. 98-8-108-MTC, August 25, 1999; Re: Hold Departure Order dated
April 13, 1998 issued by Judge Juan C. Nartatez, Municipal Trial Court, Branch 3, Davao
City, 298 SCRA 710 (1998).
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