Judges should observe the standards of independence, integrity, impartiality, propriety and the appearance of propriety in the exercise of their functions and performance of duties. This is what Judge OD, an RTC Judge failed to observe.
One of the cases being heard by Judge OD was the complaint filed by the spouses Tony and Vicky the proprietor of a lumber, hardware and auto parts business, for the annulment, and/or declaration of nullity of the Real Estate Mortgage of 23 parcels of land belonging to them, extra-judicially foreclosed by a bank (MBTC), Case 1403-24.
On April 14, 2004, Judge OD inhibited himself from further acting on the Case 1403-24 because he allegedly wanted to avoid being charged with partiality either way because he had been receiving feelers from ranking officer of the Philippine Judicial Academy (PJA) and from the OCA interceding for the bank and for the spouses respectively.
Almost a year later, or on March 4, 2005, Judge OD wrote Tony regarding the purchase of construction materials for his house which was then under construction. Judge OD requested Tony for commodity loans in the form of said construction materials. Tony agreed and personally delivered the construction materials as evidenced by delivery receipts and charge invoices dated March 8 and 9, 2005 totaling P17,630.
On September 15, 2005, MBTC filed a Petition for the Issuance of a Writ of