SC fires judge in FM kids' case

The Supreme Court dismissed from the judiciary yesterday a Cavite judge on a complaint filed by the three children of deposed dictator Ferdinand Marcos.

In an 11-page decision, the high court said Judge Emerito Agcaoili was stripped of his duties after he was found guilty of gross ignorance of the law and inefficiency when he twice extended a temporary restraining order (TRO) in a real estate dispute involving a Cavite-based company and the Marcos children.

Justice Vicente Mendoza, who penned the Court's ruling, explained that Agcaoili failed to comply with a Supreme Court circular prohi-biting judges from extending any TRO beyond 20 days.

"Indeed a judge is presumed to know this circular," Mendoza said. "His failure to comply... constitutes gross ignorance and gross inefficiency."

Records showed that Marcos children Imee, Ferdinand Jr. and Irene have sought to nullify the land titles issued to Puerto Azul Land Inc., a company operating a beachfront golfing resort in Ternate, Cavite.

The Marcoses' move, however, was stalled when the firm, in 1996, was able to get a TRO from Agcaoili which was supposed to be in effect for only 20 days.

When the TRO expired, Agcaoili allegedly extended it first for five days and later for another 12 days.

Mendoza said this action was unpardonable.

"His act of further extending the effectivity of the TRO twice... suggests partiality to a party in the case," he stressed.

The STAR tried to reach Agcaoili for comment but he was not immediately available.

The Supreme Court said this was not the first time the Cavite judge was accused of a misdeed. He was administratively charged and suspended a couple of years ago for violating the Revised Forestry Code and for improper granting of bail.

"Several times he has been charged and twice he has been found guilty," said Mendoza. "Yet he seems undeterred in disregarding the law which he has pledged to uphold and the code which he promised to live by."

Aside from the Marcos siblings, a businesswoman from Cagayan also charged Agcaoili for allegedly accepting a bribe from a robbery suspect whom he was trying.

Trader Evelyn Agpalasin said Agcaoili accepted nipa shingles from the accused robber and used it in constructing his poultry farm.

For this, Mendoza said the high court decided to fire Agcaoili.

"He has habitually flouted judicial ethics and betrayed judicial standards. By his own actions, he has shown he does not deserve the honor of his office," the justice said.

Agcaoili was not the only judge dismissed by the Court yesterday.

Judge Galdino Jardin of Zamboanga City was also stripped of his powers for allegedly receiving an P80,000 bribe from a litigant.

Jardin, too, was not immediately available for comment.