However, in this case, we are not convinced that complainant was able to prove, by substantial evidence, that respondent committed the acts complained of. Basic is the rule that in administrative proceedings, complainant bears the onus of establishing the averments of her complaint.⁴⁰ If complainant fails to discharge this burden, respondent cannot be held liable for the charge.⁴¹

Under Sections 8 and 11 of Rule 140 of the Rules of Court, a judge found guilty of immorality can be dismissed from the service, if still in the active service, or may forfeit all or part of his retirement benefits, if already retired, and disqualified from reinstatement or appointment to any public office including government-owned or controlled corporations.⁴² We have already ruled that if a judge is to be disciplined for a grave offense, the evidence against him should be competent and derived from direct knowledge.⁴³ This quantum of evidence, complainant failed to satisfy.

A.M. No. RTJ-01-1650 September 29, 2009
(Formerly OCA IPI No. 01-1195-RTJ)

MARGIE CORPUS MACIAS, Complainant,
vs.
MARIANO JOAQUIN S. MACIAS, Presiding Judge, Branch 28, Regional Trial Court, Liloy, Zamboanga del Norte, Respondent.