Case Digest: Vistan v Nicolas

ISSUE:  Whether or not respondent judge engaged in electioneering while still an MTC judge. 

FACTS:  Complainant Leonila Vistan alleged that as early as 10 Feb 1987, prior to the start of the campaign period, and while still an MTC judge, respondent Ruben Nicolas started circulating handbills/letters addressed to electoral constitutents in the second district of Bulacan indicating his intention to run for a congressional seat. 

DECISION:  Yes 

RATIO DECIDENDI:  For having held himself out as a congressional candidate while still a member of the Bench, respondent took advantage of his position to boost his candidacy, demeaned the statude of his office, and must be pronounced guilty of gross misconduct, a clear violation of Rule 5.10, Canon 5, of the Code of Judicial Conduct.