Supreme Court slaps P10T fine on Cebu judge

CEBU, Philippines -The Supreme Court has slapped a P10,000 fine on a regional trial court judge after he was found guilty for conduct unbecoming for showing his firearm to people who are attending a court hearing.

The High Tribunal also warned RTC Branch 21 Presiding Judge Eric Menchavez that more drastic actions would be imposed against him if he will commit similar offense in the future.

The case stemmed from the complaint filed by lawyer Antonio Cañeda, one of the counsels of the defendant of a case that was assigned to Menchavez.

The records showed that Menchavez had called the case involving a partition of a parcel of land for hearing on the morning of December 14, 2005 but he had an exchange of arguments with the complainant.

When Menchavez checked on the progress of the case, Cañeda remarked that the case was delayed because the court had failed to send proper summons, even through publication, to the defendants who are residing outside the country. 

It was alleged that Menchavez angrily banged his gavel while shouting, “I said no publication period.” The hard banging of the gavel caused it to break and its portion reportedly nearly hit the complainant who was standing in front of the bench.

According to the complainant, Menchavez slammed the table with his hand and then went inside his chambers, but later came out already with holstered handgun and smashed it on the table, as he angrily shouted at complainant, “Unsay gusto nimo? Yawa! Gahig ulo!”

Lawyer Elias Espinosa, who was present that time, quickly moved for a recess of the court proceedings. The complainant then apologized to the judge for causing his temper to rise.

Menchavez explained that the complainant, while arguing at the hearing for his client, refused to stop talking even when signaled by the court to stop. 

He claimed that he told the complainant that summons by publication was no longer proper because summons by personal service had already been effected on defendants. But the complainant allegedly continued to argue and even became aggressive, belligerent and disrespectful, causing him to flare up and bang his gavel.

Menchavez said he sensed he had reason to fear for his life so he decided to equip himself with his licensed firearm and to place it on the table, preparing for the worst, but he said he never pointed nor brandished the firearm at anyone, as it remained in its holster at all times.

The judge also denied the allegation of being bias, as allegedly shown by the offer of his chambers to the parties for possible amicable settlement talks.

The Supreme Court has supported the stand of the Office of the Court Administrator that considers as “highly irresponsible and improper for a judge of bringing his handgun into the courtroom, then placing it on his table, and threateningly asking the complainant, ‘what do you want?’” 

“This reaction was uncalled for as the respondent has ample powers to address any hostile or unfriendly situation in his court,” the SC ruling reads.

The SC said the judge has the power to cite anybody in contempt if they will not comply with the court’s order without need anymore to bring a gun in court rooms.

Justice Arturo Brion said the judge must observe decorum by acting with dignity and courtesy to all those present in the courtroom and Menchavez reportedly failed to comply with it. — Rene U. Borromeo/WAB (THE FREEMAN)