Administrative charges against judges have been viewed by this Court with utmost care, as the respondent stands to face the penalty of dismissal or disbarment. Thus, proceedings of this character are in their nature highly penal in character and are to be governed by the rules of law applicable to criminal cases. The charges in such case must, therefore, be proven beyond reasonable doubt.¹⁵

In light of the evidence submitted in this case, the Court is of the view that the charges against Judge Kapili were not sufficiently substantiated by Datoon who has the burden of proof in administrative proceedings.¹⁶ The evidence presented was not sufficient to compel the Court to exercise its disciplinary powers over the respondent judge as mandated under Article VIII, Section 6 of the 1987 Constitution.¹⁷

A.M. No. RTJ-10-2247 March 2, 2011
(Formerly OCA I.P.I. No. 09-3143-RTJ)

JOCELYN DATOON, Complainant,
vs.
JUDGE BETHANY G. KAPILI, Presiding Judge of Regional Trial Court, Branch 24, Maasin City, Southern Leyte, Respondent.