SC gives Sandigan go-signal to try Ecija ‘kissing judge’

The Supreme Court has given the Sandiganbayan the go-signal to try a municipal trial court judge (MTC) in Cabanatuan City for acts of lasciviousness for allegedly kissing a female job applicant against her will.

In other decisions, the Supreme Court admonished and fined an MTC judge in Gapan, Nueva Ecija for what it described was his "vulgar and unbecoming conduct," and suspended for one year a regional trial court sheriff in Tandag, Surigao del Sur for "inefficiency and incompetence."

In a 10-page decision, the Supreme Court’s third division upheld the jurisdiction of the Sandiganbayan over the case of acts of lasciviousness which Ana May Simbajon, who was applying as a bookbinder, filed against Cabanatuan MTC Judge Rogelio Esteban.

Simbajon accused Esteban of kissing her on two occasions. She quoted him as saying, "Araw-araw papasok ka dito sa opisina ko at araw-araw, isang halik (You enter my office every day, and I get a kiss every day)."

Exerting all his legal remedies, Esteban filed a petition with the Supreme Court questioning the Sandiganbayan’s jurisdiction to try his case, saying the alleged acts were not committed in his official capacity and should have been brought to the regular courts.

But the tribunal dismissed his petition, citing Section 4 of Presidential Decree 1606, as amended by Republic Act 8249, which stipulates that the anti-graft court exercises exclusive jurisdiction over "other offenses or felonies whether simple or complexed with other crimes committed by their office."

The tribunal also cited its decision in the People vs Montejo case where "an offense is said to have been committed in relation to the office if the offense is intimately connected with the office of the offender."

In this case, it said Esteban, under its Circular No. 7, has the power to recommend Simbajon’s appointment as a bookbinder.

In another 13-page decision penned by Justice Artemio Panganiban, the Supreme Court’s third division ordered MTC Judge Placido Vallarta of Gapan, Nueva Ecija to pay a fine of P5,000 after it found him administratively liable for his utterances, impatience and lack of concern for the complainants.

The complainants, spouses Jesus and Nenita Jacinto, said Vallarta had unfairly dealt with them, recalling that in one instance, he told them to seek help from a lawyer instead of burdening him with their case.

The Jacintos were asking the court to release an Isuzu cargo truck to them.

According to the tribunal, Vallarta, on several occasions, had acted callously toward the couple, uttering rude words against them.

The Supreme Court also faulted Vallarta for failing to act with dispatch on the couple’s motions and counter-repliven bond for the release of the cargo truck.

But the tribunal cleared the judge of gross ignorance of the law, as the Jacintos accused him, saying the couple’s evidence was insufficient to show that he committed an error that was "gross or blatant, deliberate and malicious."

"His utterances, impatience and undisguised lack of concern bordering on disdain for the plight of the complainants constituted vulgar and unbecoming conduct that eroded public confidence in the judiciary," the tribunal said.

Meanwhile, Roberto Erlina, sheriff IV of Tandag RTC Branch 40 was suspended for one year and fined P5,000 for failing to carry out a "judgment for money" in 2002 and instead allowing the respondents to execute promissory notes in favor of the complainant.