Philippine Bar review · Question

Practice question: Administrative Supervision over Lower Courts

Multiple Choice Hard

Practice question

After losing a case, a party accuses the judge of misconduct solely because the judge admitted contested evidence and reached an unfavorable legal conclusion. The record supplies no bad faith, fraud, malice or dishonesty, and the party wants the disciplinary proceeding to reverse the ruling. Which response best follows Tallado?
  1. Every adverse evidentiary decision warrants punishment
  2. The party may avoid every appeal requirement by requesting discipline
  3. Disciplinary proceedings do not replace judicial remedies for the stipulated ordinary adjudicative complaints
  4. A judge can never be disciplined for any conduct
  5. The judgment is automatically void once a complaint is notarized

Legal references

  • 1987 Constitution, Article VIII, Section 6: https://lawphil.net/consti/cons1987.html
  • Tallado v. Racoma, A.M. No. RTJ-22-022, August 23, 2022: https://lawphil.net/judjuris/juri2022/aug2022/am_rtj-22-022_2022.html

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