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PROSECUTOR ROMANA R. REYES, Complainant, -versus- JUDGE JULIA A. REYES, Metropolitan Trial Court,
Branch 69, Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - x TIMOTEO A. MIGRIÑO and Complainants, -versus- JUDGE JULIA A. REYES, Presiding Judge of the
Metropolitan Trial Court in Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - x ARMI M. FLORDELIZA, JULIET C. VILLAR and MA. CONC Complainants,
-versus- JUDGE JULIA A. REYES, Presiding Judge Metropolitan
Trial Court, Branch 69, Pasig City, Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - x ANDREE K. LAGDAMEO, Complainant, -versus- JUDGE JULIA A. REYES, Metropolitan Trial Court,
Branch 69, Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - x TIMOTEO A. MIGRIÑO, Branch Clerk of Court,
Metropolitan Trial Court, Branch 69, Complainant, -versus- JUDGE JULIA A. REYES, Respondent. x- - - - - - - - - - - - -
- - - - - - - - - - - - x FLORENCIO SEBASTIAN,
JR., Complainant, -versus- Respondent. |
A.M.
No. MTJ-06-1623 [Formerly OCA IPI No. 04-1635-MTJ] Present: PUNO, C.J., QUISUMBING,* YNARES-SANTIAGO, CARPIO,** CORONA, CARPIO MORALES, CHICO-NAZARIO, VELASCO, JR.,*** NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, and ABAD, JJ. Promulgated: September 18, 2009 A.M.
No. MTJ-06-1624 [Formerly OCA IPI No. 04-1636-MTJ] A.M.
No. MTJ-06-1625 [Formerly OCA IPI No. 04-1630-MTJ] A.M.
No. MTJ-06-1627 [Formerly OCA IPI No. 04-1661-MTJ] A.M.
No. P-09-2693 [Formerly OCA IPI No. 04-2048-P] A.M.
No. MTJ-06-1638 [Formerly OCA IPI No. 05-1746-MTJ] |
x - - - - - - - - - - - - - -
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- - - - - - - - - - - - - - -x
D E C I S I O N
PER CURIAM:
Professionalism, respect for the rights of others, good manners and right conduct are expected of all judicial officers and employees, because the image of the judiciary is necessarily mirrored in their actions.[1]
Five administrative cases against Judge
Julia A. Reyes (Judge Reyes), Presiding Judge of the Metropolitan Trial Court
(MeTC) of Pasig City, Branch 69 and one administrative case which Judge Reyes
filed against her Branch Clerk of Court Timoteo Migriño were consolidated and
referred to Justice Romulo S. Quimbo, consultant of the Office of the Court
Administrator (OCA), for investigation, report and recommendation, by this
Court’s Resolutions of September 28, 2005[2]
and December 12, 2007.[3]
Earlier, the Court preventively
suspended Judge Reyes “effective immediately and until further orders,” by
Resolution of
Records show that Judge Reyes’ whereabouts
have remained unknown. She was issued an
Authority to Travel to the
From an August 17, 2005 Certification from the Bureau of Immigration, the
only entry in its database relative to the travel of Judge Reyes was her
departure to an unknown destination through Korean Air Flight No. KE622 on
Due to her absence, the
Court declared Judge Reyes as having waived her right to answer or comment on
the allegations against her and to adduce evidence.
I. A.M.
NO. MTJ-06-1623 (PR
By letter-complaint of
On
Prosecutor Reyes informed Judge Reyes that the case of malversation may
not necessarily fall under Section 5, Rule 113 of the Rules of Court[9] on
Arrest without Warrant and thus cannot be the subject of inquest. Prosecutor
Reyes explained that inquest could not be conducted as it was already past
When she heard that if inquest is conducted he will be released for preliminary investigation, she was fuming mad and directed me to conduct the preliminary investigation right then and there. It was really a surprise that a judge, a former prosecutor at the Rizal Provincial Prosecution Office, would direct me to conduct preliminary investigation at the station without giving the respondent (Mr. Migrino), at least the mandatory 10-day period within which to prepare for an intelligent answer/counter-affidavit.
She insisted that Mr. Migrino be
detained on the weekend and the police detained him. He was the subject of
inquest on
x x x x
On October 5 and 6, 2004 I was not able to appear during the hearing of criminal cases in her sala but I made it a point to inform the Court by calling, through cellphone, one of her staff on the mornings of October 5 and 6. I was having severe headache and chest discomfort.
On
She issued in open court an order
requiring me to explain in writing within twenty-four (24) hours why I should
not be cited for contempt for my refusal to conduct the inquest on
“Don’t worry Prosec, I will not order your arrest today,
because I know that the Pasig City Police Officer at the Pasig Police Station,
because your house is located in front of the Pasig City Station, there is no one
who will arrest you. I will still coordinate with the office of Gen. Aglipay to
send me a police officer who will take custody of you pending contempt
proceedings.”
The above-quoted statement, lifted from the transcript of stenographic notes of October 11, 2004 which is hereto attached as Annex “A” to “A-5”, only shows that she has already a pre-judgment of the contempt charge and no explanation, even if submitted, will convince her to stop from declaring me with contempt.
I was hospitalized at the
“ x x x without any valid explanation except for the word that she is presently confined at the hospital, which is hearsay at the moment, in which case the same is just noted by the court. So for her failure to attend today’s proceedings, despite notice, as well as for her failure to attend the proceedings yesterday as well as on October 5 and 6 without any valid explanation, and for her failure to give any explanation after the lapse of 24 hours from the time she was ordered to show cause why she should not be cited in contempt in open court last October 11, 2004, let warrant of arrest issue against the said Public Prosecutor. x x x Bail is set at P1,000.00 per case in which there is a total of 119 cases delayed as a result of her absence since October 5 and October 6 as well as yesterday, October 12 and today, October 13. That means a bail of P119,000.00 as well as for two (2) counts of apparent contempt which consist of misbehavior of an officer of the Court in the performance of her official duties as well as for improper conduct tending directly or indirectly to impede, obstruct, and degrade the administration of justice to which bail is set at P25,000.00 each, to set an example to the public especially, since she is actually the Public Prosecutor presently assigned to this Court who committed such apparent act of indirect contempt.”[11] (Emphasis in the original; underscoring supplied)
In another letter dated October 29,
2004,[12]
Prosecutor Reyes informed the OCA that during the October 27, 2004 hearing for
the issuance of a temporary restraining order in connection with her petition
for certiorari, prohibition and mandamus docketed as SCA-2732 before the
Regional Trial Court of Pasig City, four police officers served a warrant of
arrest[13]
purportedly issued on October 11, 2004 by Judge Reyes pertaining to Criminal
Case Nos. 02164-02173, all entitled “People v. Prosecutor Romana R. Reyes.”
Verification from the Office of the Clerk of Court of the
MeTC of Pasig City revealed, however, that there was no pending case against
Prosecutor Reyes and that the particular case numbers pertained to cases against
10 individuals for offenses ranging from violation of Batas Pambansa Bilang
6 to Reckless Imprudence resulting in Damage to Property.[14]
Prosecutor Reyes’ travails did not
stop there, however. On
x x x show cause within 24 hours from receipt of this Order why she should not be cited in contempt for her failure to submit her explanation to date and for her failure to attend the proceedings of this Court without any explanation.
Considering the gravity of her
responsibility as a Public Prosecutor, let
warrant issue for her arrest. Bail is
set at P2,000.00 per case, or a total of TWO HUNDRED THIRTY-EIGHT
THOUSAND PESOS ONLY (P238,000.00).[15] (Emphasis and capitalization in the
original; underscoring supplied)
On
On
December 7, 2004, I arrived at the court room of MTC-Pasig City Branch 69 at
about 8:30 a.m. to discharge my duties as the trial prosecutor of the Branch.
The hearing has not started, the Presiding Judge was not there yet and the
litigants have not been allowed to enter the courtroom. Hearing of cases on the
Court does not promptly start at
I
reviewed the court records to know if the parties had been notified of the
scheduled hearings. After the recitation of the Centennial Prayer and before
the calendar of cases were called, Judge Julia Reyes called my attention and
said that there was an Order of the Court for me to explain my failure to
appear on October 5, 6, 12, 13, 18, 19, 20, 25, 26 and 27 and up to now, I have
not submitted my explanation. I stood up
and politely explained to her that the incidents she was referring to was the
subject of the case I filed against her for Certiorari, Prohibition & Mandamus,
before the Regional Trial Court – Pasig City and there was an Order issued, a
copy of the Order had been served on her, that any and all warrant of arrest
issued by her would not be enforced and/or implemented by the police
agencies. She did not hear my reason
and said that this is a new order and is not covered by the Order of Hon. Celso
Lavina and she ordered that I be detained for one (1) day at the
After the hearing of criminal cases and the case of contempt was called against Max Soliven et al., I was informed by PO1 Sandy Galino, her security escort, that the police officers whom they have called for assistance were already outside the courtoom and will be bringing me to the police station. They would not allow me to leave the place unless I go with them at the Headquarters. When I was about to be escorted out of the court room, my lawyer, Atty. Hans Santos and my sister, Asst. Pros. Paz Yson, came and was bringing with them a certified copy of the Order of Hon. Celso Lavina dated November 22, 2004 stating that any and all warrants issued by Judge Julia Reyes will not be enforced by any police agencies. My lawyer showed the Order to PO1 Sandy Galino and a certain PO1 Villarosa and they said that they are getting orders from Judge Julia Reyes. My lawyer then asked them if they have a written Order from the Court, or a Warrant for my Arrest or a Commitment Order but they replied in the negative. My lawyer further asked them if they are detaining me and they said no.
x x x x
On
or about
x x x x
While questioning the propriety of the order of Direct Contempt, considering that there is an order of November 22, 2004 stating that any and all warrants she issued will not be enforced or implemented, and that she has to issue the necessary Commitment Order for my detention, she slapped with me another seven (7) days of detention for Direct Contempt.
x x x x
At
about
x x x x[17] (Underscoring supplied)
II. A.M. NO. MTJ-06-1624 (TIMO
By Complaint of October 16, 2004,[18] Migriño
and Domingo S. Cruz charged Judge Reyes with Gross Ignorance of the Law, Oppression,
Abuse of Authority, and Illegal Arrest and Detention, the details of which
follow:
In July 2003, not long after her appointment as Presiding Judge, Judge
Reyes began to exhibit “unexplained prejudice and hostility” towards Migriño.
In fact, without any reason at all, Judge Reyes told Atty. Reynaldo Bautista,
the MeTC Clerk of Court, that Migriño would be detailed at the Office of the Clerk
of Court.[19]
On several occasions, the latest of
which was on August 24, 2004, she barred Migriño from entering the court
premises and the staff room. During lunch break on October 1, 2004, Migriño,
Deputy Sheriff Joel K. Agliam and Dandy T. Liwag were arrested without warrant upon
orders of Judge Reyes as they were allegedly caught in flagrante delicto
playing “tong-its.” Police Officer 1 Sandy
Galino (PO1 Galino), the security officer of Judge Reyes, arrested them and
brought them to the Pasig City Police Station where they were detained by
virtue of the affidavits[20]
of PO1 Galino and Judge Reyes.[21]
When an Order of Release[22]
was issued by Judge Morallos after the three posted bail, Judge Reyes tried to prevent
their release and insisted that she had a complaint against Migriño for malversation
of public funds, infidelity in the custody of document and/or qualified theft
and violation of the Anti-Graft and Corrupt Practices Act[23]
allegedly committed in November 2002, and presented the Affidavit[24]
of Ariel Nuestro and the Joint Affidavit[25]
she executed with court employees Remedios Diaz (Remedios) and Alma Santiano.
Complainant Atty. Domingo S. Cruz
(Atty. Cruz), counsel of Migriño, et al., intervened and demanded from Inspector
Icuin the immediate release of his clients since there was already an Order of Release. Atty. Cruz and Prosecutor Reyes also explained
to Judge Reyes that Migriño could not be detained on the basis of an alleged
offense that occurred in 2002 yet, and that the alleged offense was not covered
by the rule on warrantless arrest.[26] Migriño and Atty. Cruz continued:
15. …Judge [Reyes] insisted that complainant Migriño must not be released as the case is covered by the rule on warrantless arrest, the alleged offense of malversation having been allegedly discovered only recently by respondent Judge and staff, specifically at 4:30 P.M. of 01 October 2004. She then told Pros. Reyes to conduct an immediate Inquest/preliminary investigation.
16. It must be noted and emphasized
that Nuestro subscribed and swore to his Sinumpaang Salaysay before respondent
Judge way back on
Unable to convince Judge Reyes, Atty.
Cruz left the office of Inspector Icuin, but returned shortly with a warning
that he would hold them responsible for illegal arrest, arbitrary detention and
abuse of authority unless Migriño was immediately released. Inspector Icuin
finally ordered the release of Migriño.
Migriño stayed in jail from
x x x Timoteo Migrino, Clerk of Court, Branch 69, Metropolitan Trial Court, Pasig City, is hereby ordered to show cause within twelve (12) hours from receipt of this order why he should not be cited in contempt for the following acts: (1) illegal gambling during office hours within the Court premises (2) infidelity in the custody of documents, (3) qualified theft and/or malversation for misappropriation of the amount of PHP10,000.00 entrusted to him for “deposit” by one Ariel Nuestro in a criminal case filed before this Court, (4) for violation of R.A. 3019 or the Anti-Graft and Corrupt Practices Act, among others. He is likewise ordered to show cause why he should not be cited in contempt for openly defying to submit to undersigned with respect to her complaint before the police authorities for the said crimes and/or offenses which defiance appear to be “improper conduct tending directly or indirectly, to impede, obstruct, or degrade the administration of justice” under Rule 71, Sec. 3(d) of the Rules of Court.
Set the hearing of this case on
The Process Server of this Court
with the assistance of a Sheriff of the Metropolitan Trial Court of Pasig City,
is directed to send a copy of this Order by personal service to respondent
TIMOTEO A. MI
Significantly, while in the said Order
of
On October 8, 2004, Judge Reyes issued
another Order[29] giving
her process server, the MeTC sheriff and any officer of the law blanket
authority to “take custody of [Migriño] should he refuse to receive this
Order and bring him to this Court on October 11, 13, 14 & 15, 2004 at 2:00
P.M.” Complainants further narrated:
41. To show that the respondent judge is using her contempt powers as a bludgeon to clobber her perceived enemies, instead of using the same as a necessary tool for preserving the integrity of the court, the respondent issued another Order dated October 14, 2004 ordering complainant Migriño to show cause why “he should not be cited for at least 2,330 acts of indirect contempt”. Repeat, two thousand three hundred thirty. A copy of this Order is attached hereto as Annex “J”.
The tyranny and despotism of the respondent judge is crystal
clear in the following statements in said Order of
Moreover, respondent committed at
least 1,510 acts of indirect contempt with respect to the case of People vs.
Marcos Rivera (Crim. Case No. 36172) which remains pending in the docket of
this court to date, when he failed to act on or set for arraignment to date,
the said case filed herein on
Even assuming for purposes of argument that the failure of the respondent to set for arraignment the aforementioned case is contumacious, it was one continuing act of omission, not 1,510 separate acts of commission.[30] (Emphasis in the original; underscoring supplied)
III. A.M. NO. MTJ-06-1625 (ARMI
M. FLOR
By verified[31]
letter-complaint of March 11, 2004,[32]
Judge Reyes was charged by complainants Armi M. Flordelisa et al. who are court
employees at Branch 69, with the following acts: (1) residing in chambers; (2)
borrowing money from staff; (3) instructing the stenographer to collect a
minimum amount for ex-parte cases;
(4) frequently bringing some of her staff to her nighttime gimmick; (5)
unethical conduct; (6) conduct unbecoming a lady judge; (7) unfriendliness to
litigants; (8) anti-public service; (9) inability to control emotions during
hearing; (10) uttering invectives in front of staff and lawyers; (11)
conducting staff meeting in an unsightly attire; and (12) gross inefficiency/laziness.
According to complainants, it was of
public knowledge at the Pasig City Hall of Justice that Judge Reyes was
residing in her chambers where a big aparador she had placed therein was
eventually removed after three Supreme Court lawyers investigated the matter. She continued to sleep in the chambers after
going out for evening “gimmicks” with some members of her staff. She would
usually be fetched by a certain Col. Miranda at
On two separate occasions in May 2003,
Judge Reyes instructed complainant Juliet Villar (Juliet), branch legal researcher,
to act as her co-maker in her loan applications. Within the same period, Judge Reyes, who
allegedly needed money for an ID picture, borrowed P500 from Juliet who was
forced to borrow the amount from Miguelito Limpo (Limpo), branch process
server, which amount remained unpaid as of the filing of their complaint.[34] Judge Reyes also borrowed P20,000 from
the “branch process server” who, however, did not execute any affidavit out of
fear,[35]
as relayed by Maria Concepcion Lucero (Maria Concepcion), branch in-charge of
civil cases.[36] When Juliet informed Limpo of the plan of
some staff members to petition for the removal of Judge Reyes, Limpo remarked, “Bago
nyo ipatanggal yun, hintayin nyo munang bayaran ako. Inutangan ako nyan ng P20,000.00,
isinanla ko pa yung alahas para lang may maipautang sa kanya.”[37]
In her other affidavit,[38] Juliet
claimed that in October 2003, Judge Reyes stepped out of the chambers and told complainant
Armi Flordeliza (Armie),[39] Court
Stenographer I, “Armie, ang hina mo naman sumingil sa ex-parte, buti pa si
Leah. Dapat pag tinanong ka kung magkano, sabihin mo at least P2,000.00”
Since then all ex-parte cases
were assigned to court stenographer Leah Palaspas (Leah). Judge Reyes further remarked, “Sino pa ba
ibang pwedeng pagkakitaan dito? O ikaw Oswald, sheriff.” The sheriff
only smiled.
Complainants stated that Judge Reyes habitually
invited her staff to go with her in night “gimmicks” from
On December 23, 2003, upon the persistent
request of Judge Reyes, Juliet joined her and company in a comedy bar in Quezon
City and stayed there until 4:00 a.m. of
Maria Concepcion, in another
affidavit, stated that on
Complainants depicted Judge Reyes as very
unethical. One time, in the presence of a stranger, Judge Reyes uttered, “Ano
kaya kung mag-hearing ako ng
hubo’t hubad tapos naka-robe lang, pwede kaya?”[43] At one time, Armie overheard Judge
Reyes utter over the phone “Hayaan mo, Farah, pag natikman ko na siya,
ipapasa ko sa iyo, ha ha ha!”[44]
Judge Reyes exhibited conduct
unbecoming a judge for repeatedly inviting her staff and other court employees to
join her to a drinking spree in the courtroom after office hours on three
consecutive Fridays in February 2004. On
Judge Reyes was also unfriendly to
litigants. On
Complainants claimed that Judge Reyes
was anti-public service. She instructed
the staff to lock the door entrance to the room occupied by the staff and not
to answer phone calls during court hearings even if there were employees in the
staff room to attend to calls and queries.[48]
Judge Reyes lacked the ability to
control her emotions during hearings. In one hearing, she failed to maintain
her composure and stormed out of the room while Assistant City Prosecutor
Fernando Dumpit was still talking.[49] Judge Reyes hurled invectives in front of the
staff and lawyers. On
Several times, Judge Reyes conducted
staff meetings wearing T-shirt, slippers and faded “maong” folded a
little below the knee, as if she was in her house. Oftentimes, she would wear the same clothes
she wore the previous day, which showed that she resided in the chambers.[51]
Judge Reyes was lazy and inefficient, as
she delegated decision-writing to Juliet. Since her appointment, she was able
to promulgate only three or four decisions of her own writing.
Complainants thus requested the conduct of judicial audit to determine her
work output.[52]
By Supplemental Complaint[53] of
1. I was jailed on the strength of a warrant of arrest dated October 8, 2004 issued by Judge Julia A. Reyes in connection with the ten (10) counts of Indirect Contempt of Court charges which she had initiated against me for gross misconduct in office and insubordination;
2. The warrant of arrest of October 8, 2004 stemmed from my failure to attend the hearing of an Indirect Contempt of Court charge she filed against me, then about to be heard on October 8, 2004 at 2:30 o’clock in the afternoon where I am supposed to explain my side;
x x x x
5.
I was served with a copy of the show cause Order dated
October 4, 2004 signed by Judge Reyes where I was informed that I committed
acts constituting contempt of court as defined by Rule 71, Section 3 (a) and
(b) of the 1997 Rules of Civil Procedure.
On the basis of said show cause order, I was also directed by Judge
Reyes to appear on October 8, 2040 at 2:30 pm in court and to make further
explanation with warning that should I fail to attend the hearing on said date
despite due notice, a warrant for my arrest shall be issued by the court. Plain copy of the Order dated
6. For fear of being arrested, I did not attend the hearing of October 8, 2004, despite notice, and hence, as earlier stated, a warrant of arrest dated October 8, 2004 was issued by Judge Reyes against me;
7.
I was apprehended and confined at the Pasig City Police
Station, at Pariancillo, Kapasigan,
x x x x
11. What
is worse is that Judge Reyes fixed the bail for my temporary liberty at two
hundred thousand (P250,000.00) pesos which to my mind is quite excessive and
violative of my constitutional right to bail;
x x x x
14. Surprisingly, the warrant of arrest dated October 8, 2004 issued by Judge Reyes supposedly carries a docket number starting from Case Number 02154 up to and including 02163 which correspond to ten (10) counts of Indirect Contempt of Court. However, the said case numbers does not pertain to a person of Armie M. Flordeliza, nor with a case of Contempt of Court. Please see Certification signed by Atty. Reynaldo V. Bautista, Clerk of Court IV of the Office of the Clerk of Court, Metropolitan Trial Court, Pasig City – Annex “B,” and a copy of the Warrant of Arrest dated October 8, 2004 – Annex “C”;
x x x x
21. Be it noted that in November 8, 2004, herein complainant filed a Motion for Reduction of Bail (Annex “D”) from P250,000.00 to P50,000.00 in cash which was not acted upon; the reason why the herein complainant suffered for a longer period inside the detention cell;
22.
On the same date (
23. In November 16, 2004, the 12th day the herein complainant was under the detention cell, was the day that I was released by posting a cash bond of P50,000.00 granted by Hon. Divina Gracia Lopez-Peliño, Pairing Judge of Branch 69, Metropolitan Trial Court, Pasig City as evidenced by Official Receipt No. 21065408 (Annex “E”); Order dated November 16, 2004 (Annex “F”); and Order of Release (Annex “G”)[.] (Emphasis in the original; underscoring supplied)[54]
IV. A.M. NO. MTJ-06-1627 (AN
Complainant Andree Lagdameo (Andree) is
the private complainant in Criminal Case No. 42030 for physical injuries pending
before Branch 69. The case was originally set for promulgation of judgment on
Judge Reyes moved the promulgation date
from
x x x x
However, before
the start of court proceedings that day, there was a courtroom drama which
unfolded before the surprised eyes of all persons then inside the
courtroom. The Honorable Judge Julia
A. Reyes ordered the arrest and detention of Prosecutor Romana Reyes. Judge Reyes ordered her personal
close-in-security, whom I later came to know to be PO1 Sandy Galino, and PO2
Rolando Lavadia, to implement her order.
I was seated on the first bench and I had a clear view and could clearly
hear the proceedings. I heard Judge
Reyes forbid Prosecutor Reyes from calling her lawyer under pain of another day
of detention. I heard Judge Reyes
further order PO1 Galino and PO2 Lavadia to close the doors of the courtroom
and to prevent Prosecutor Reyes from leaving the same.
6. Judge Reyes then proceeded to order Leah Palaspas to promulgate judgment in my case, Criminal Case No. 42030. I was so shocked by the intemperate and derogatory words Judge Reyes used to describe my person in the aforesaid judgment, so much so that I left the courtroom immediately after the reading because I was so afraid that my face would mirror my emotions and I might be cited for contempt, especially after witnessing Judge Reyes’ actions toward Prosecutor Romana Reyes. I am a mere layman and I must indeed look puny to the high and mighty Judge Julia A. Reyes.
I was the complainant, not the accused, in the case and I cannot understand why the judge exhibited such kind of hostility against me in the judgment just promulgated.
7. I then waited for the termination of the court proceedings, to request for a copy of the decision since I wanted to consult a lawyer regarding Judge Reyes’ affront on my person. I was barred from re-entering the court room by PO1 Sandy Galino, the armed personal security of Judge Reyes, pursuant to her orders.
x x x x
9. I then went back to the courtroom of Branch 69, and found Leah Palaspas and Alma Santiano, both employees of MTC Branch 69, together with PO1 Galino and PO2 Lavadia, sitting in the now empty courtroom. I could hear the raised voice of Judge Reyes emanating from her chambers. I asked Leah Palaspas for a copy of the decision, and to examine and photocopy some documents in the file folder of Criminal Case No. 42030. She told me to wait as the folder was in the chamber of Judge Reyes. I pointed to her that the decision in this case had just been promulgated this morning and logically, the folder would be in the pile in front of her. She insisted that it was in the judge’s chambers, and for me to wait.
10. I then stood and waited for about another half hour in the corridor fronting the courtroom of Branch 69 after which, I again approached Leah Palaspas regarding my request. She called a co-employee, whom I later came to know to be Ms. Josefina Catacutan to accompany me to the photocopying machine. While waiting in line, I noticed that the decision promulgated that morning was not in the file. I pointed this out to Ms. Catacutan who proposed that we return to Ms. Palaspas and ask for a copy.
11. Accompanied by Ms. Catacutan, I returned to the Branch 69 courtroom where we found Ms. Palaspas standing in the corridor. I pointed out to her that a copy of the decision was not in the file. She protested that it was almost noontime and that I should just come back in the afternoon. I pointed out to her that it was still ten minutes to twelve and it was just a matter of handing a copy of the decision to Ms. Catacutan, and besides, I had been waiting since early morning.
12. Ms. Leah Palaspas turned her back on me and stepped into the courtroom where Judge Reyes was sitting with Alma Santino, PO1 Galino and PO2 Lavadia and declared “Eto ho Judge, las doce na ho e.”
13. I
followed Ms. Palaspas inside the courtroom but had hardly stepped inside when I
stopped in my tracks as Judge Reyes shouted “Don’t try me, come back at
14. On my way out – probably out of sheer frustration at the way the judge treats people who happened to have business in her court – I commented to Ms. Palaspas who was standing beside me: “O baka ma contempt pa ako” and continued walking away.
15. Either Ms. Palaspas told the respondent judge about my comment, or the judge herself overheard me, when I reached the area in front of the door of the staff room PO1 Sandy Galino suddenly grabbed my arm and prevented me from moving. When I turned my head, I saw Judge Julia Reyes in the lobby fronting her courtroom wagging her finger in the air and shouting, ‘HULIHIN NIYO YAN, IKULONG NINYO YAN!” – thus letting loose her armed gorilla on a hapless victim like me.
16. I instinctively struggled to free myself from the grip of PO1 Sandy Galino, all the while asking Judge Julia Reyes, “Bakit, hindi naman kita sinagot ah” who all the while was viewing the scene with a smirk of satisfaction on her face.
17. I was able to momentarily free my hand and was able to call a lawyer friend on my mobile phone who then advised me to demand for any sort of written order to justify my arrest and detention. I was also advised to demand that the arresting officers identify themselves and the unit to which they belong. PO1 Galino replied “A wala, basta utos ni Judge ito doon ka na magpaliwanag at magtanong!”
18. A uniformed police officer carrying an armalite rifle, whose name I was not able to get, then arrived. PO1 Sandy Galino addressed the latter: “Pare, pag pumalag, barilin mo.” I never imagined that I – a simply citizen without any clout; a weak, educated, woman who merely sought the assistance of our courts to redress a perceived grievance – would be treated like a common criminal in this fair Republic of ours!
I then continued to demand a written order regarding my arrest but Galino repeated, “Hindi na raw kailangan, sabe ni Judge” and proceeded to forcibly bring me out of the Justice Hall. When we reached the lobby I tried to go up to the office of Executive Judge Morallos but PO1 Galino pulled me down the stairs.
x x x x
The fact of my arrest was then entered into the Blotter of the Pasig Station on Page 0393, Entry No. 1781, Date: Dec. 7, 2004 Time 12:30 PM which reads as follows:
“Brought-in
PO1 Sandy Galino y Abuyog,
33 years old, married of this station brought in one Andree Lagdameo y
Kirkwood, legal age, widow, res of 237 Marne St. San Juan Metro Mla. for direct
contempt of court issued by Hon. Judge Julia Reyes of MTC B69
(Attached as Annex “B”)
x x x x
20. At 5:00 PM of December 7, 2004, Atty. Atencia again demanded my release from detention since it was now the close of office hours and Judge Julia Reyes had not issued any commitment order. Col. Galvan again refused and insisted that he was following the orders of Judge Julia Reyes.
x x x x
22. I was finally released from detention after 24 hours. My release is entered on Page 0397 of the Pasig Police Blotter under Entry No. 1799, Date: December 08, 2004, Time: 12:30PM which reads as follows:
“Released
In relation to Entry 1781 dated
Note: Detained w/o written commitment order and
released w/o written released order.
(signature)
Andree Lagdameo”
(Attached as Annex “C”)
x x x x[57] (Emphasis, capitalization and italics in the original; underscoring supplied)
Andree supplemented[58]
her December 22, 2004 Complaint[59] to
allege that she finally received a copy of the Decision[60] in
Criminal Case No. 42030 on December 16, 2004, several days after she was
illegally detained, and only after she wrote a letter to Judge Reyes,
furnishing then Chief Justice Hilario G. Davide, Jr. and the OCA a copy thereof.[61]
When she read the Decision, she was
shocked on noting that Judge Reyes used very insulting language in referring to
her as the therein private complainant.
Judge Reyes wrote that “[j]udging from the demeanor and character of the
accused who appears to be a quiet man with a pleasant disposition and that of
the private complainant who looks loud, rash and even vulgar in language in her
dealings with the court personnel herein, this Court finds the version of the
accused to be more credible.”[62] Judge Reyes made a misrepresentation for she
merely relied on the records in writing the decision as she never had the
chance to hear the testimonies of the parties since Judge Alex Quiroz was the
presiding judge when the case was tried.
V. A.M. NO. P-09-2693 (TIMOTEO
A. MIGRIÑO v.
In an undated letter[63]
received by the OCA on
Upon the recommendation of the OCA, it
appearing that this case emanated from the same incident of illegal gambling obtaining
in A.M. No. MTJ-06-1624, the Court, by Resolution of
VI. A.M. NO.
MTJ-06-1638 (FLORE
By verified Complaint-Affidavit of
On
A perusal of the
The unsigned Order dated
“Accused through counsel, having been [sic] filed a Manifestation and Request for Remarking and Formal Offer of Exhibits.” The Prosecution is given five (5) days from receipt thereof within which to make its comment thereto.”
Set
the same for hearing on
Send copies of this Order to the parties. (Emphasis supplied)
The prior
Order being unsigned, there was no factual or legal reason for Judge Reyes to
reiterate the same and set the case for further hearing, notably since the case
had long been submitted for decision.
Judge Reyes did not lift the warrant
of arrest, even after Atty. Vibar filed, pursuant to the October 28, 2003
Order, a Motion for Reconsideration, Compliance and Entry of Appearance.[68]
At the promulgation of judgment on
The couple raised on appeal that the trial
court failed to comply with the mandate of Rule 120[70]
of the Rules of Court and Section 14[71]
of Article VIII of the Constitution requiring that the decision must be written
and signed by the judge with a clear statement of the facts and the law on
which the decision is based.[72]
THE EVALUATION OF JUSTICE ROMULO S. QUIMBO
By Consolidated Report of
Migrino presented a certificate that
there is no case against him pending with the
x x x x
The acts which appear to have been committed by respondent Judge against Ass’t. City Prosecutor R[o]m[a]na A. Reyes and Andree K. Lagdameo were clearly unjustified and unwarranted. The respondent Judge’s orders to declare them in contempt and issuing warrants for their arrest betray an abysmal lack of knowledge of the rules governing contempt. Her fixing an atrociously excessive bail is a clear manifestation that respondent Judge wanted to exhibit her authority and fixing such a ridiculous amount of bail was designed to prevent the complainants from obtaining temporary release. Her obvious ignorance of the rule governing contempt and the jurisprudence that mandates that it be exercised as a protective not a vindictive power makes us wonder how, despite the rigorous screening of candidates by the Judicial and Bar Council (JBC), a “lemon” such as the respondent Judge managed to be nominated for appointment to such exalted position. How she was able to elude the psychiatric and psychological tests under which she went is remarkable for it resulted in the appointment of one grossly ignorant of the law and more importantly devoid of the temperament required of a judicial arbiter.
In the two cases mentioned above (A.M. No. MTJ-06-1623 and A.M. No. 06-1627), the acts of respondent Judge reveal a flaw in her psychological makeup that disqualifies her from holding the position of Judge. She appears to be unaware of the jurisprudence that has given meaning to the power of contempt.
x x x x
The Order dated 13 October 2004 (Exhibit G, Rollo, p. 27, A.M. MTJ-06-1623), betrays not only her gross ignorance as regards the Rule on Contempt of Court, but it also shows her capricious arrogance and despotic nature, the antithesis of an ideal arbiter. It betrays a flaw in her psychological makeup that disqualifies her from presiding a court and dispensing justice.
Respondent inofficiously demanded that complainant conduct an inquest at the police station for the purpose of preventing the release of Timoteo Migrino who had earlier been arrested while allegedly engaged in illegal gambling and had posted the required bail. Notwithstanding the explanation of complainant Reyes that she was not authorized to conduct said inquest outside her office and the crime of malversation allegedly committed two years earlier could not be the proper subject of an inquest, respondent could not be denied. She demanded and the police acquiesced to hold Migrino in jail over the weekend.
The prosecution of Prosecutor Reyes
was not based on any law or rule but was purely the whim and caprice of the
respondent. After respondent Judge has held Prosecutor Reyes in contempt
and ordered her arrest (Exhibit [“F”], A[.]M[.] No. MTJ-06-1623, p. 24.) she
required an unconscionable amount of Php236,000.00 as bail knowing that
it was practically impossible to meet.
Complainant R[o]m[a]na R. Reyes
charges respondent Judge with falsification of public documents. It appears
that respondent Judge issued a warrant for the arrest of complainant. Since
no case had been filed against complainant, respondent Judge conveniently
issued the warrant under Criminal Cases Nos. 02164 to 02173 (10 counts) which
pertained to cases filed against various persons during the year 1985. The
Order of
The travails suffered by complainant
Lagdameo likewise prove that respondent Judge was not guided by law or rule but
rather by whim and caprice. The record does not show any reason why respondent
Judge could order the arrest of complainant. Assuming that she had uttered
the words “I am going because I may be declared in contempt”, this could not be
the basis for declaring her in direct contempt because the court was no longer
in session and she ma[d]e the remark outside the courtroom. It was not
“misbehavior in the presence of or so near a court as to obstruct or interrupt
the proceedings before the same”. Neither could it be considered disrespect
towards the court. It is probably for this reason that respondent Judge did not
issue any commitment order but orally commanded the police to arrest Lagdameo.
As can be seen from excerpts from the police blotter (Rollo, A.M. No. MTJ-06-1627,
p. 9) Lagdameo was “brought in” on
Respondent’s verbal order
directed to members of the
The complaint filed by three personnel of Br. 69 charges respondent Judge with conduct unbecoming a judge which could be considered pecadillos and are covered by circulars and other issuances of the Court and are punished by either fines or suspensions or admonitions.
Considering respondent Judge’s acts
complained of by complainants R[o]mana R. Reyes and Andree K. Lagdameo,
together with the acts committed by respondent Judge and subject of other
administrative cases assigned to the undersigned, there can only be one
conclusion that respondent Judge is suffering from some undiagnosed mental
aberration that makes her totally unfit to hold the position she now occupies. Not
only was her gross ignorance established but her resort to falsification was
also proved.
The records show that respondent Judge was suspended and has abandoned her office of presiding Judge. She did this probably because she felt guilty and could not find any justification for her actions so she fled.
In A.M. No. MTJ-06-1624, the harassment and ill treatment of complainant Migrino was clearly established. The fact that respondent Judge followed Migrino to the police station and demanded that he be kept in custody despite the Order of Release issued by Judge Morallos upon Migrino’s filing his bail both clearly shows her to be whimsical and capricious. The continued detention of Migrino after he was ordered released under bond is likewise arbitrary and in violation of Article 124 of the Revised Penal Code and respondent Judge is a principal by inducement.
In OCA-IPI No. 04-2048-P, the
record reveals that the respondent Migrino was indicted for illegal gambling
having been allegedly caught en flagrante by complainant Judge
Julia A. Reyes. The record also reveals that a certificate was issued by the Clerk
of Court,
Justice Quimbo thereupon recommended that Judge Reyes be dismissed from the service
with forfeiture of all her retirement benefits except accrued leave credits, if
any, and with prejudice to re-employment in any branch or instrumentality of
the government, including government-owned or controlled corporations and that Migriño
be fined in an amount equivalent to his one month salary.
Meanwhile, in A.M. No. MTJ-06-1638,
Justice Quimbo, by Report of
The complaint mentions acts of respondent Judge which are
similar, if not identical to those complained of in the following cases, to
wit: A.M. No. MTJ-06-1623 (Prosecutor
Romana R. Reyes vs. Judge Julia A. Reyes); A.M. No. MTJ-06-1624 (Timeteo A.
Migrino, et al. vs. Judge Julia A. Reyes); A.M. No. MTJ-06-1625 (Armi
Flordeliza, et al. vs. Judge Julia A. Reyes); A.M. No. MTJ-06-1627 (Andree
Lagdameo vs. Judge Julia A. Reyes) which the undersigned had earlier
investigated and reported on. Our conclusion remains firm that respondent
Judge is unfit to hold the position of Presiding Judge of a Metropolitan Trial
Court.
In the present case, she is charged
with ignorance because she had issued a bench warrant against the complainant
and his wife for their failure to appear on a date that respondent Judge fixed
for the continuation of the trial. While
she may be correct in assuming that she had the authority to issue such
warrant, said act was clearly unjustified.
Firstly, it does not appear in the record of the case that complainant
or his wife received notice of said hearing.
Neither does it appear that their counsel received a copy of the Order
of
THIS COURT’S RULING
The Court finds that Judge Julia Reyes
should indeed be dismissed from the service.
As early as 1949, this Court
emphasized that the administration of justice is a lofty function.
The administration of justice is a lofty function and is no less sacred than a religious mission itself. Those who are called upon to render service in it must follow that norm of conduct compatible only with public faith and trust in their impartiality, sense of responsibility, exercising the same devotion to duty and unction done by a priest in the performance of the most sacred ceremonies of a religious liturgy.[79]
By judges’ appointment to the office, the people have laid on them their
confidence that they are mentally and morally fit to pass upon the merits of their varied contentions.
For this reason, members of the judiciary are expected to be
fearless in their pursuit to render justice, to be unafraid to displease any
person, interest or power, and to be equipped with a moral fiber strong enough
to resist the temptations lurking in their office.[80] Unfortunately,
respondent Judge failed to resist the temptations of power which eventually led
her to transgress the very law she swore to protect and uphold.
To constitute gross ignorance of the
law or procedure, the subject decision, order or actuation of the judge in the
performance of official duties should be contrary to existing law and
jurisprudence. Most importantly, the judge
must be moved by bad faith, fraud, dishonesty or corruption.[81]
Judge Reyes’ bad faith is clearly apparent from the above-related facts
and circumstances in the consolidated cases. This Court cannot shrug off her
failure to exercise that degree of care and temperance required of a judge in
the correct and prompt administration of justice, more so in these cases where
her exercise of the power of contempt resulted in the detention and deprivation
of liberty of Migriño, Andree, Sebastian and Alicia, and endangered the freedom
of the other complainants. Tiongco v. Salao[82]
is instructive:
Thus, the carelessness and lack of circumspection on respondent Judge’s part, to say the least, in peremptorily ordering the arrest and detention of complainant, warrant the imposition of a penalty on respondent Judge as a corrective measure, so that she and others may be properly warned about carelessness in the application of the proper law and undue severity in ordering the detention of complainant immediately and depriving him of the opportunity to seek recourse from higher courts against the summary penalty of imprisonment imposed by respondent Judge.
It is also well-settled that the power to declare a person in contempt is inherent in all courts so as to preserve order in judicial proceedings and to uphold the administration of justice. Judges, however, are enjoined to exercise such power judiciously and sparingly, with utmost restraint, and with the end view of utilizing the same for correction and preservation of the dignity of the court, and not for retaliation or vindication. The salutary rule is that the power to punish for contempt for purposes that are impersonal, because that power is intended as a safeguard not for the judges as persons but for the functions that they exercise. Only occasionally should the court invoke the inherent power in order to retain that respect without which the administration of justice must falter or fail.[83] (Emphasis and underscoring supplied)
Being a dispenser of justice, Judge
Reyes, a lady judge at that, should have demonstrated finesse in her choice of
words. In this case, the words used by her
was hardly the kind of circumspect language expected of a magistrate. The use
of vulgar and curt language does not befit the person of a judge who is viewed
by the public as a person of wisdom and scruples.[84] Remarks
such as “Ano kaya kung mag-hearing ako ng hubo’t hubad tapos naka-robe lang, pwede kaya?”; “Hayaan mo, Farah, pag natikman
ko na siya, ipapasa ko sa iyo, ha ha ha!”; and “Alam mo na ang dami intriga dito; nireport ba naman na nakatira ako dito, ano
kaya masama dun? Alam ko staff ko rin nagsumbong eh, PUTANG INA NILA,
PUTANG INA TALAGA NILA!” have no place in the judiciary.
Those who don the
judicial robe must observe judicial decorum which requires magistrates to be at
all times temperate in their language, refraining from inflammatory or
excessive rhetoric or from resorting to the language of vilification.[85]
Judge Reyes failed to
heed this injunction, however. Her inability
to control her emotions her act of walking out of the courtroom during hearings,
and her shouting invectives at her staff and lawyers indicate her unfitness to
sit on the bench. They betray her
failure to exercise judicial temperament at all times, and maintain composure
and equanimity.[86]
Judge Reyes’ questioned actions reflect her lack
of patience, an essential part of dispensing justice; and of courtesy, a mark
of culture and good breeding. Her
demonstrated belligerence and lack of self-restraint and civility have no place
in the government service.[87]
The New Code of Judicial Conduct for
the Philippine Judiciary (New Code of Judicial Conduct), which took effect on
June 1, 2004, mandates:
SEC. 6. Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.[88]
Respecting Judge Reyes’ frequent
nocturnal “gimmicks,” suffice it to state that her presence in the
above-mentioned places impairs the respect due her, which in turn necessarily
affects the image of the judiciary. A judge is a visible representation of the judiciary
and, more often than not, the public cannot separate the judge from the judiciary.
Moreover, her act of bringing some of her staff to her weekday “gimmicks,” that
causes them to be absent or late for work disrupts the speedy administration of
service. She thus also failed to heed the mandate of the
New Code of Judicial Conduct, viz:
SECTION 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.[89]
As for Judge Reyes’ act of borrowing
money from her staff, the same constitutes conduct unbecoming a judge. While
there is nothing wrong per se with
borrowing money, it must be borne in mind that she exerted moral ascendancy
over her staff, who may not have had the means but may have been forced to find
a way in order not to displease her.
Judge Reyes’ comments like “Armie,
ang hina mo naman sumingil sa ex-parte, buti pa si Leah. Dapat pag tinanong ka
kung magkano, sabihin mo at least P2,000.00” and “Sino pa ba ibang pwedeng
pagkakitaan dito? O ikaw Oswald, sheriff”
smack of commercialism. This is not expected of a judge, knowing that the aim
of the judiciary is to deliver speedy and inexpensive justice.[90]
Respecting Judge Reyes’ failure to put
into writing her judgment, she having merely required the accused to read it
from the computer screen in camera without
the presence of counsel, she violated the Constitution. She could have simply printed and signed the decision. Offering to a party’s counsel a diskette
containing the decision when such counsel demands a written copy thereof is
unheard of in the judiciary. A verbal judgment is, in contemplation of law, in esse,
ineffective.[91] If
Judge Reyes was not yet prepared to promulgate the decision as it was not yet
printed, she could have called the case later and have it printed first. A party should not be left in the dark on
what issues to raise before the appellate court.
It is a requirement of due process that the parties to a litigation be informed of how it was decided, with an explanation of the factual and legal reasons that led to the conclusions of the court. The court cannot simply say that judgment is rendered in favor of X and against Y and just leave it at that without any justification whatsoever for its action. The losing party is entitled to know why he lost, so he may appeal to a higher court, if permitted, should he believe that the decision should be reversed. A decision that does not clearly and distinctly state the facts and the law on which it is based leaves the parties in the dark as to how it was reached and is especially prejudicial to the losing party, who is unable to in point the possible errors of the court for review by a higher tribunal.[92]
If judges were allowed to roam unrestricted beyond the boundaries within
which they are required by law to exercise the duties of their office, then the
law becomes meaningless. A government of laws excludes the exercise of broad
discretionary powers by those acting under its authority.[93]
In fine, this Court finds Judge Reyes unfit to discharge her
functions as judge.
WHEREFORE, Judge
Julia A. Reyes, Presiding Judge, Metropolitan Trial Court, Branch 69,
Branch Clerk of Court Timoteo A.
Migriño is, for violation of Administrative Circular No. 1-99, by gambling in
the court premises, FINED in the amount equivalent to his one-month
salary. He is WARNED that a repetition of the same act or the commission of a
similar offense will be dealt with more severely.
SO ORDERED.
|
|
REYNATO S. PUNO
Chief Justice
|
(ON
OFFICIAL LEAVE AND NO PART) LEONARDO A. QUISUMBING Associate Justice (ON OFFICIAL LEAVE) ANTONIO T. CARPIO Associate Justice |
CONSUELO YNARES- SANTIAGO Associate Justice RENATO C. CORONA Associate Justice |
|
CONCHITA
CARPIO MORALES Associate
Justice (NO PART) PRESBITERO J. VELASCO, JR. Associate Justice TERESITA J. LEONARDO-DE CASTRO Associate Justice DIOSDADO M. PERALTA Associate Justice MARIANO C. DEL CASTILLO Associate Justice |
MINITA
V. CHICO-NAZARIO Associate Justice ANTONIO EDUARDO B. NACHURA Associate Justice ARTURO D. BRION Associate Justice LUCAS P. BERSAMIN Associate Justice ROBERTO A. ABAD Associate
Justice |
* On official leave and no part.
** On official leave.
*** No part.
[1] In
re: Partial Report on the Results of the Judicial Audit Conducted in the MTCC,
Branch 1,
[2] Rollo, A.M. No. P-09-2693, p. 47.
[3] Rollo, A.M. No. MTJ-06-1638, p. 113.
[4] Rollo, A.M. No. MTJ-06-1627, p. 22.
[5] Id. at 22-23.
[6] Rollo, A.M. No. MTJ-06-1623, pp. 1-5.
[7] Also spelled Migrino.
[8]
x x x x
Na noong petsa 5 ng Nobyembre, 2002, ako ay nagdeposito ng halagang sampung libong piso (P10,000.00) sa Clerk of Court ng Branch 69 na si G. Timoteo M[i]griño.
Na
magkakasundo na
Nagkataon po na nagkasakit ang aking nanay sa “breast” at kinakailangang operahan kaya pansamantala ko pong binawi ang pera kay G. Timoteo M[i]griño noong mga bandang unang linggo ng Nobyembre, 2003, ngunit, nakiusap po siya na hulug hulugan daw po niya an[g] dineposito ko na halagang sampung libong piso (P10,000.00) dahil nagastos niya raw ito. Sa una po ay binigay niya sa akin ang halagang limang libong piso (P5,000.00) sa araw po ng Biyernes, araw po ng kanilang suweldo mga bandang akinse ng Nobyembre, 2003.
Ang sumunod na hulog niya ay nanay ko na po ang kumuha at ang halagang aming nakuha ay isang libong piso (P1,000.00) noong bandang pangalawang linggo ng Disyembre, 2003. At ang huli po ay apat na libong piso (P4,000.00) na nakuha naming ng bandang ikatlong linggo ng Disyembre, 2003. Ngunit ang halagang apat na libong piso (P4,000.00) ay hindi ko rin po napakinabangan dahil sa ito ay hiniram ng Criminal Case In-charge ng Branch 69 na si Emma J. Raymundo.
x x x x
[9] SEC. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:
(a) When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.
[10] Rollo, A.M. No. MTJ-06-1623, pp. 1-2.
[11] Id. at 2-3.
[12] Id. at 20-23.
[13] Id. at 24.
[14] Vide Certification dated
[15] Id. at 22.
[16] Id. at 49-52.
[17] Id. at 49-51.
[18] Rollo, A.M. No. MTJ-06-1624, pp. 1-17.
[19] Id. at 2.
[20] Id. at 18-19.
[21] Id. at 2.
[22] Id. at 20.
[23] Id. at 3.
[24] Vide note 7.
[25] Rollo, A.M. No. MTJ-06-1624, p. 22.
[26] Id. at 4.
[27] Id. at 4-5.
[28] Id. at 25-26.
[29] Id. at 33.
[30] Id. at 11-12.
[31] The complaint was verified by Juliet Villar
and Ma. Concepcion A. Lucero on
[32] Id. at 20-24.
[33] Id. at 20.
[34] Affidavit of Juliet C. Villar, id. at 26.
[35] Id. at 20-21.
[36] Affidavit of Maria Concepcion A. Lucero, id. at 27.
[37] Affidavit of Juliet C. Villar, id. at 28.
[38] Id. at 29.
[39] Also spelled “Armie.”
[40] Id. at 21.
[41] Id. at 30.
[42] Id. at 31.
[43] Id. at 21. Annex “I” of the letter-complaint, which refers to an affidavit of a certain Jojo Marco, is not attached to the rollo.
[44] Id. at 22.
[45] Id. at 34.
[46] Id. at 36.
[47] Id. at 38.
[48] Id. at 23.
[49] Ibid. Annex “P” of the letter-complaint which refers to a transcript of stenographic notes is not attached to the rollo.
[50] Id. at 39.
[51] Ibid.
[52] Id. at 23-24.
[53] Id. at 66-69.
[54] Id. at 66-68.
[55] Rollo, A.M. No. MTJ-06-1627, pp. 7-8.
[56] Id. at 2.
[57] Id. at 2-5.
[58] Id. at 12-14.
[59] Id. at 1-6.
The Complaint was verified and filed on
[60] Id. at 15-17.
[61] Id. at 12.
[62] Id. at 17.
[63] Rollo, A.M. No. P-09-2693, p. 1.
[64] Id. at 47.
[65] Rollo, A.M. No. MTJ-06-1638, pp. 1-6.
[66] Id. at 9-10.
[67] Id. at 14.
[68] Id. at 15-16.
[69] Id. at 3-4.
[70] Sec. 1. Judgment; definition and form. – Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it it is based.
Sec. 2. Contents of the judgment. – If the judgment is of conviction, it shall state (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived.
In case the judgment is of acquittal, it shall
state whether the evidence of the prosecution absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond reasonable
doubt In either case, the judgment shall determine if the act or omission from
which the civil liability might arise did not exist.
[71] Sec.
14. No decision shall be rendered by any
court without expressing therein clearly and distinctly the facts and the law
on which it is based.
No petition for review or motion for
reconsideration of a decision of the court shall be refused due course or
denied without stating the legal basis therefor.
[72] Notice of Appeal, rollo, A.M. No.
MTJ-06-1638, pp. 18-20.
[73] Rollo, A.M. No. MTJ-06-1627, pp. 64-84.
[74] ENHANCING THE DIGNITY OF COURTS AS TEM
[75] Administrative Circular No. 1-99, issued by
then Chief Justice Hilario G. Davide, Jr. on
As courts are temples of justice, their dignity and sanctity must, at all times, be preserved and enhanced. In inspiring public respect for the justice system, court officials and employees must:
x x x x
7. Never permit the following to be done within the premises of the court: gambling, drinking of alcoholic beverages or any other form of improper or unbecoming conduct.
[76] Rollo, A.M. No. MTJ-06-1627, pp. 79-84.
[77] Rollo, A.M. No. MTJ-06-1638, pp. 84-88.
[78] Id. at 87-88.
[79] People v. Bedia, 83 Phil. 909, 916 (1949).
[80] Vide Ramirez v. Hon. Macandog, 228 Phil. 436, 452 (1986).
[81] Office of the Solicitor General v. De
Castro, A.M. No. RTJ-06-2018,
[82] A.M. No. RTJ-06-2009,
[83] Id. at 586.
[84] Lumibao v. Judge Panal, 377 Phil. 157, 179 (1999).
[85] Seludo v. Fineza, A.M. No. RTJ-04-1864, December 16, 2004, 447 SCRA 73, 82; Negros Grace Pharmacy, Inc. v. Judge Hilario, 461 Phil. 843, 852 (2003).
[86] Re:
Anonymous Complaint dated
[87] Macrohon
v. Ibay, A.M. No. RTJ-06-1970,
[88] Canon 6 (Competence and Diligence).
[89] Canon 4 (Propriety).
[90] Vide OCA Circular No. 50-2001 (August 17, 2001).
[91] Corpus v. Sandiganbayan, 484 Phil. 899, 914 (2004).
[92] Nicos Industrial Corporation v. Court of Appeals, G.R. No. 88709, February 11, 1992, 206 SCRA 127, 132.
[93] People
v. Veneracion, G.R. Nos. 119987-88,