Original Smith case judge dismissed

MANILA, Philippines - An Olongapo City judge who had inhibited himself from the rape case against US Marine Lance Corporal Daniel Smith has been dismissed after the Supreme Court (SC) found that he had mishandled three cases of annulment of marriage and dissolution of conjugal property.

The SC ruled that Judge Renato J. Dilag of Olongapo City Regional Trial Court Branch 73 was guilty of gross misconduct, gross ignorance of the law, gross negligence and inefficiency.

“Wherefore, in view of all the foregoing… respondent Judge Renato J. Dilag is hereby dismissed from the service with forfeiture of all retirement benefits, excluding accrued leave benefits, and disqualification from reinstatement or appointment to any public office including government-owned or controlled corporations, for gross misconduct, gross ignorance of the law or procedure, and gross negligence and inefficiency,” read the SC decision.

The SC also removed from service Dilag’s court stenographer, Concepcion Pascua, for graft and corruption.

She was also barred from being employed in government service. Her civil service eligibility was cancelled, and her retirement benefits forfeited.

Pascua’s administrative case was ordered referred to the Office of the Ombudsman “for proper action.”

Court records show Dilag and Pascua were accused of graft and corruption for allegedly collecting P30,000 from litigants in exchange for favorable decisions in cases of annulment of marriages.

Dilag and Pascua denied the charges.

Following an investigation, the SC found Dilag culpable of gross misconduct constituting violations of the Code of Judicial Conduct for the following:

• Signing conflicting decisions in three cases of declaration of nullity of marriage and dissolution of conjugal properties;

• Gross ignorance of the law and procedure in handling two declaration of nullity cases; and

• Gross negligence and inefficiency for failing to administer proper supervision over his staff.

However, Court of Appeals Justice Ramon Garcia, the SC investigator, found no sufficient, clear and convincing evidence to hold Dilag administratively liable for graft and corruption.

“There is no clear and convincing evidence that indeed respondent Judge received money from litigants to obtain favorable decisions,” Garcia said.

“Rumors relative to the alleged acceptance of money in exchange for a favorable decision remain as such and cannot be admitted as evidence, let alone given due evidentiary weight.

“Private complainant Suarez fell short of the required degree of proof needed in an administrative charge of graft and corruption.”

It was not the first administrative case against Dilag, according to the SC.

In September 2005, the SC fined Dilag P30,000 after he was found guilty of gross ignorance of the law.

Illegal practice of law

Meanwhile, the SC has approved the recommendation of the investigating justice to refer the case against lawyer Lourdes I. de Dios for illegal practice of law to the Office of the Bar Confidant.

Court records show the SC had suspended De Dios, counsel of a couple seeking annulment of their marriage, from the practice of law for six months on Jan. 26, 2001.

However, she resumed her practice without any SC resolution lifting the administrative sanction against her.

Lawmakers demand Smith transfer

Five members of the House of Representatives demanded yesterday the immediate transfer of convicted rapist Smith to a Philippine prison.

Representatives Liza Maza and Luzviminda Ilagan of Gabriela, Satur Ocampo and Teodoro Casiño of Bayan Muna and Rafael Mariano of Anakpawis underscored the importance of implementing the Supreme Court order to place Smith under Philippine custody.

In House Resolution 1042, they said the delay in the transfer of Smith to a Philippine prison would deprive rape victim “Nicole” of justice.

“Justice has been long delayed to victim Nicole and the delay in the acquisition of custody of Smith is in violation of her right to speedy disposition of cases as provided in Section 16 of the Bill of Rights under the Philippine Constitution,” they said.

Akbayan Rep. Risa Hontiveros and Quezon Rep. Lorenzo Tañada III, House committee on human rights chairman, reiterated their stand on the need for the immediate transfer of Smith.

“Your next actions with respect to the Subic rape case and Daniel Smith will be under great scrutiny. Do not fail us,” said Hontiveros.

“We cannot allow this affront on our citizen’s rights to go on,” said Tañada.

The US Embassy detention of Smith is not in compliance with the law, according to the resolution of Maza, Ilagan, Ocampo, Casiño and Mariano. — Wih Delon Porcalla