SC fines Las Piñas judge for sex assault

MANILA, Philippines - The Supreme Court (SC) found a Las Piñas regional trial court (RTC) judge guilty of impropriety and gross misconduct for sexually assaulting a woman who is a party in a land registration case he was hearing.

In a nine-page decision penned by Associate Justice Antonio Carpio and promulgated on Sept. 21, the SC found RTC Branch 197 Judge Manuel Duque guilty of violating the Code of Judicial Conduct.

The SC, acting as a full court, also fined Duque P40,000, which will be deducted from his retirement benefits.

Chief Justice Renato Corona and Associate Justices Conchita Carpio-Morales, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Roberto Abad, Martin Villarama Jr. and Maria Lourdes Sereno concurred with the decision.

“The conduct of Judge Duque fell short of the exacting standards for members of the judiciary. He failed to behave in a manner that would promote confidence in the judiciary,” the SC said in its decision.

The SC said the woman was a party-in-intervention in a land registration case.

Court records state that on Dec. 21, 2007, the woman went to Duque’s house in BF Almanza, Las Piñas. He reportedly instructed her to bring P80,000 to get a favorable ruling in the case.

When the woman showed up with only P18,000, Duque allegedly scolded her for not bringing the full amount. The woman said she had difficulty raising the amount.

Duque then locked the main door of his house and asked the woman to step into his office. He then pointed to a calendar posted on the wall and indicated Dec. 26 as the date when she should remit the amount. 

All of a sudden, Duque grabbed the woman by the waist, embraced and kissed her. The woman struggled to free herself as Duque tried to undress her and have sex with her.

The woman said she shouted for help but Duque’s television, which was on, drowned out her voice. In desperation, the victim appealed to Duque. “Not here. I’ll go with you to a hotel,” she told him.

Duque stopped his sexual advances and ordered the woman to fix her hair.

The SC agreed with the recommendation of both the Investigating Justice and the Office of the Court Administrator (OCA) on the P40,000 fine for Duque.

On the charge of graft and corruption, the Investigating Justice and the OCA found insufficient evidence to sustain the victim’s allegation that Duque demanded and received money from her in exchange for a favorable ruling. The SC said the unsubstantiated charge should be dismissed.

On the charge of impropriety and gross misconduct, and after a thorough investigation conducted by the Investigating Justice, it was established that Duque admitted that the victim went to his house.

“Substantial evidence also pointed to Judge Duque’s liability for impropriety and gross misconduct when he sexually assaulted the victim,” the High Court said.

The SC said the Investigating Justice observed that Duque attempted to destroy the victim’s credibility when he insinuated that she could be a “woman of ill repute or a high class prostitute” or one whose “moral value is at its lowest level.” 

“However, no judge has a right to solicit sexual favors from a party litigant, even from a woman of loose morals,” the SC said.