DISPOSITIVE:

ACCORDINGLY, EXECUTIVE JUDGE ERWIN VIRGILIO P.
FERRER (ret.), Branch 20, Regional Trial Court, Naga City, Camarines Sur,
is found LIABLE for violation of Administrative Circular No. 5 dated
October 4, 1988 and DIRECTED to pay the fine of PHP 35,000.00 to the
Court within three months from promulgation of this Decision. Should he fail
to do so, such amount shal I be deducted from his salaries and benefits,
including his accrued leave credits which he has earned by reason of his
government service.

The other charges are DISMISSED for lack of merit.

SUBJECTS/DOCTRINES/DIGEST:

In ascertaining the imposable penalty here, we consider the following
factors, to wit: 1) Executive Judge Ferrer (ret.) inherited the business from his
father; 2) He never used his position to solicit business for his company; 3)
The insurance business was situated in Daet, Camarines Norte, well outside
the te1Titorial jurisdiction of his court; 4) The relevant lease contracts and
public documents, such as BIR forms transparently bore his name and
signature as business owner/insurance agent; 5) He consistently declared his
business interest in his SALN; and 6) He was not involved in the day-to-day
operations of the business.

Based on these circumstances, therefore, it cannot be said that
Executive Judge Ferrer (ret.) had any intention of circumventing
Administrative Circular No. 5. He never hid that he owns an insurance
business, which he inherited from his father. His only fault was that upon his
appointment as judge, he did not divest his financial interest therein. Thus, the
Court imposes on him the minimum fine of PHP 35,000.00.

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SCD-2024-0014-Honorable Leo L. Intia Vs. Honorable Erwin Virgilio P. FerrerDownload