Sandiganbayan junks ‘kissing judge’s’ move to transfer case to ordinary court

Kissing and embracing any female member of a judge’s staff is an act related to his judicial functions and should only be heard by a special court trying cases against public officials, the Sandiganbayan ruled as it threw away efforts by a jurist to have his case transferred to an ordinary court.

Former Caloocan City Judge Armando de Asa, presiding judge of the Caloocan City Metropolitan Trial Court (MeTC), lost the first round of his battle to have his five cases transferred to other courts.

Asa was charged with acts of lasciviousness based on a complaint by three female members of his staff. The first victim said she opted not to file any suit for fear she might just be fighting a futile battle but decided to pursue on it upon learning two of her colleagues suffered the same fate.

The victim, a married woman, stated in her sworn affidavit her boss embraced and kissed her on three occasions between March and August 1997 when she handed over to De Asa his allowances. She added the judge would hold her jaw to force her to open her mouth and would lick her left ear and whisper "I love you."

Justice Teresita Leonardo de Castro, head of the division, and Justices Diosdado Peralta and Efren de la Cruz ruled that De Asa’s motion to quash doesn’t deserve merit at all, citing a Supreme Court ruling in another case, which upheld the jurisdiction of the Sandiganbayan.

They said it is "not necessary" for a crime that can be tried in other courts to be transferred, since the offense for which de Asa was charged was "in relation to his office," which obviously falls squarely within the ambit of anti-graft court’s authority.

The justices also explained that the accused jurist also allegedly "took advantage of his official position and power" in committing sexual advances on members of his legal staff. Simply put, he could not have done that if he did not have moral ascendancy over the staff.