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MERCEDES G. DUDUACO v. JUDGE LILY LYDIA A. LAQUINDANUM

This case has been cited 2 times or more.

2010-11-23
PER CURIAM
Atty. Marcos V. Prieto must be sanctioned for filing this unfounded complaint. Although no person should be penalized for the exercise of the right to litigate, however, this right must be exercised in good faith.[17]
2007-08-07
GARCIA, J.
We start off with the matter of proof. In administrative or disciplinary proceedings, the burden of proving the allegations in the complaint rests on the complainant.[11] While substantial evidence would ordinarily suffice to support a finding of guilt, the rule is a bit different where the proceedings involve judges charged with grave offense. Administrative proceedings against judges are, by nature, highly penal in character and are to be governed by the rules applicable to criminal cases. The quantum of proof required to support the administrative charges or to establish the ground/s for the removal of a judicial officer should thus be more than substantial; they must be proven beyond reasonable doubt.[12] To borrow from Reyes v. Mangino:[13]