Legally Yours,  Political Law

Macariola v. Asuncion

Constitutional Law. Political Law. Effects of Cession.
MACARIOLA v. ASUNCION
114 SCRA 77

FACTS:
On August 6, 1968, petitioner, Bernadita Macariola charged respondent Judge Elias Asuncion of CFI of Leyte, now Associate Justice of CA, with “acts unbecoming of a judge” when the latter purchased a property which was previously the subject of litigation on which he rendered the decision. Respondent and his wife were also members of Traders Manufacturing and Fishing Industries Inc. to which their shares and interests in said property were conveyed. According to the petitioner, respondent allegedly violated Article 1491 (5) of the New Civil Code and Article 14 (1) and (5) of Code of Commerce, Sec. 3 of Anti-Graft and Corrupt Practices Act, Sec. 12 XVIII of the Civil Service Rules and Canon 25 of Canons of Judicial Ethics.

ISSUE:
Is Article 14 of the Code of Commerce still in force?

HELD:
Article 14 partakes of the nature of a political law as it regulates the relationship between the government and certain public officers and employees like justices and judges. Said provision must be deemed to have been abrogated because where there is a change of sovereignty, the political laws of the former sovereign are automatically abrogated. As such, Article 14 is not in force. The respondent is not found to have violated the articles invoked by the petitioner but he was advised by the Court to be more discreet in his private and business activities.

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