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DILIDILI-TABIRARA
MACARIOLA VS. ASUNCION, A.M. No. 133-J, 31 MAY 1982
FACTS:
In 1963, Macariola and her step-sister had a dispute over their inheritance involving parcels of
land located in Leyte. A trial ensued and Judge Macariola, after determining the legibility of the
parties to inherit rendered a decision in the civil case. Thereafter, the counsels of the parties
submitted a project partition reflecting the preference of the parties. The project partition was,
however, unsigned by Macariola. But her lawyer assured Asuncion that he is duly authorized by
Macariola as counsel. The judge then approved the project partition. The decision became final
in1963 as well.
Reyes et al sold some of their shares to Arcadio Galapon, who later sold the property to judge
Asuncion in 1965.
On 6 Aug 1968, Macariola filed a complaint against Judge Asuncion with acts unbecoming a
judge on the ground that he bought a property (formerly owned by Macariola) which was
involved in a civil case decided by him; this act by Asuncion is averred by Macariola to be
against Art. 1491, par 5 of the Civil Code which provides:
"Article 1491.The following persons cannot acquire by purchase,
even at a public or judicial action, either in person or through the
mediation of another:
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