ANTONIO M. LORENZANA vs. JUDGE MA. CECILIA I. AUSTRIA, Regional Trial Court, Branch 2, Batangas City, A.M. No. RTJ-09-2200, April 2, 2014 (formerly OCA I.P.I. No. 08-2834-RTJ)
“x x x.
On the Charges of Grave Abuse of Authority;
Irregularity in the Performance of Duty; Grave
Bias and Partiality; and Lack of Circumspection
It is well settled that in administrative cases, the complainant bears the onus of proving the averments of his complaint by substantial evidence.20 In the present case, the allegations of grave abuse of authority, irregularity in the performance of duty, grave bias and partiality, and lack of circumspection are devoid of merit because the complainant failed to establish the respondent’s bad faith, malice or ill will. The complainant merely pointed to circumstances based on mere conjectures and suppositions. These, by themselves, however, are not sufficient to prove the accusations. "[M]ere allegation is not evidence and is not equivalent to proof."21
"[U]nless the acts were committed with fraud, dishonesty, corruption, malice or ill-will, bad faith, or deliberate intent to do an injustice, [the] respondent judge may not be held administratively liable for gross misconduct, ignorance of the law or incompetence of official acts in the exercise of judicial functions and duties, particularly in the adjudication of cases."22
Even granting that the respondent indeed erred in the exercise of her judicial functions, these are, at best, legal errors correctible not by a disciplinary action, but by judicial remedies that are readily available to the complainant. "An administrative complaint is not the appropriate remedy for every irregular or erroneous order or decision issued by a judge where a judicial remedy is available, such as a motion for reconsideration or an appeal."23 Errors committed by him/her in the exercise of adjudicative functions cannot be corrected through administrative proceedings but should be assailed instead through judicial remedies.24
x x x."
