MANILA – The mayor of a Philippine town has filed an appeal alleging judicial misconduct and family ties that could have improperly influenced a court ruling against the municipality in a land dispute case.
In a memorandum of appeal dated July 9, Mayor Juliet B. Dano of Sevilla, Bohol province, accused Judge Migriño-Mende of the 15th Municipal Circuit Trial Court of committing “grave errors” and failing to disclose family connections to officials involved in the case.
The appeal stems from a civil case filed by the Department of Public Works and Highways against the Municipality of Sevilla. Judge Migriño-Mende ruled against Sevilla on March 11, 2024 in what Mayor Dano called a “fundamentally flawed and void” decision.
“The trial court presided over by Judge Migriño-Mende gravely erred and committed a significant oversight and improperly assumed jurisdiction over the complaint,” the appeal states.
It alleges the judge made several errors, including declining to recognize Mayor Dano’s legal standing, acknowledging a “deficient” complaint, incorrectly ruling a motion was filed late, and hastily adjudicating the case “ex-parte” without thoroughly examining the facts.
Most significantly, the appeal claims Judge Migriño-Mende failed to disclose family ties to officials in the municipality of Balilihan, which the document says cast “significant and indelible aspersions on the integrity and impartiality” of her judgment.
The alleged family connections detailed in the appeal include:
- The judge’s sister serves as chief of staff for a congressman who is the former governor of Bohol province.
- That congressman is married to the current mayor of Balilihan.
- The congressman’s mother is the judge’s first cousin.
- The judge’s daughter has performed at events where the congressman spoke.
“These familial links between Judge Migriño-Mende and the public officials of LGU Balilihan are highly pertinent to the Complaint of DPWH and raise questions about her ability to remain impartial,” the appeal states.
It argues the judge was obligated under the Philippine Code of Judicial Conduct to reveal any potential conflicts of interest, especially since Balilihan “is the primary party that stands to benefit from the case’s outcome.”
The appeal calls the judge’s claimed lack of awareness about these connections “implausible,” noting the case has been widely discussed in the community and media.
“The deliberate failure to disclose relevant familial ties is a direct violation of this section, as it creates an appearance of potential bias,” the document states, referring to judicial conduct rules.
Mayor Dano is asking the Regional Trial Court of Bohol to vacate Judge Migriño-Mende’s March 11 ruling and declare it “null and void.” The appeal also seeks dismissal of the original complaint for lack of jurisdiction and failure to state a valid cause of action.
Legal experts say the case highlights ongoing concerns about judicial independence and transparency in the Philippines.
“Proper disclosure of potential conflicts of interest is crucial for maintaining public trust in the judiciary,” said Maria Santos, a law professor at the University of the Philippines. “If these allegations are true, it raises serious questions about adherence to ethical standards.”
The Supreme Court has previously sanctioned judges for failing to recuse themselves from cases involving relatives. In a 2019 ruling, the high court stressed that judges must disclose any relationship that could raise doubts about impartiality, even if not directly prohibited by rules on disqualification.
Mayor Dano’s appeal argues the alleged ethical breach “tainted the legitimacy of the court’s judgment and has potentially deprived LGU Sevilla of its right to an impartial trial.”
Representatives for Judge Migriño-Mende could not be reached for comment. A spokesperson for the Supreme Court said they do not comment on pending cases but that all allegations of judicial misconduct are thoroughly investigated.
The Department of Public Works and Highways declined to comment on ongoing litigation.
