EN BANC

[A.M. No. CA-01-31.  July 25, 2002]

JOSELITO SALUNDAY and DANILO M. MANIQUIZ, complainants, vs. JUSTICE EUGENIO S. LABITORIA, respondent.

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

The present administrative case stemmed from the affidavit-complaint[1] filed by Joselito P. Salunday and Danilo M. Maniquiz on October 9, 2000 against Justice Eugenio S. Labitoria, Associate Justice of the Court of Appeals, for grave misconduct and/or conduct unbecoming a member of the judiciary.

In their complaint, Salunday and Maniquiz alleged that on August 15, 2000, they learned from the office of Senator Franklin M. Drilon that there is an appropriation for the construction of a justice hall to house a branch of the Regional Trial Court and another branch of the Municipal Trial Court in Bambang, Nueva Vizcaya.

On August 30, 2000, Justice Eugenio S. Labitoria transmitted to then Justice Secretary Artemio G. Tuquero, former Justice of the Court of Appeals, the Resolution[2] of the Integrated Bar of the Philippines, Nueva Vizcaya Chapter, recommending the construction of the justice hall on the lot donated by the late RTC Judge Catalino M. Raņada.  Complainants claimed that the reason why Justice Labitoria recommended the Raņada property is because it is located at the back of the Juel Garden Hotel ow