Supreme Court fines Cebu judge for gross ignorance of law

CEBU CITY, Philippines – The Supreme Court (SC) has slapped Naga City Municipal Trial Court (MTC) Judge Gerardo Gestopa with a fine of P21,000 after finding him guilty of gross ignorance of the law for referring a case to the barangay instead of immediately resolving it.

In another decision, the SC reduced the penalty for the clerk of court of Regional Trial Court (RTC) Branch 18 from six-month suspension to a fine of P10,000.

A third decision the SC released was the suspension of a court interpreter of the MTCC Branch 7, Cebu City for threatening and harassing a neighbor.

On Gestopa’s case, Justice Diosdado Peralta, who penned the decision for the SC’s Second Division, said this is the third time that Gestopa was found administratively guilty. In the first two cases, he was also slapped with fines and warned not to commit the same offense.

“Neither good faith nor lack of malice will exonerate respondent, because as previously noted, the rules violated were basic procedural rules. All that was needed for (Gestopa) to do was to apply them,” read the SC ruling.

The case stemmed from the complaint of one Felicisima Diaz, who accused Gestopa of gross ignorance of the law for referring the case she filed for unlawful detainer against spouses Ruel and Diana Betito back to barangay conciliation.

Records show that Diaz’s legal counsel objected to Gestopa’s order and moved for mediation instead. However, Gestopa insisted that he had the authority to refer it back to the barangay for conciliation.

Through her lawyer, Diaz argued that the referral of the case to the Lupon ng Barangay is a violation of the Rules on Summary Procedure, particularly because she was no longer residing in Naga City, but in Dumlog, Talisay City.

Diaz further argued that the case was previously referred to the Lupon but was not settled, so there was no more reason to refer it to the barangay.

“Time and again, we have reiterated that the rules of procedures are clear and unambiguous, leaving no room for interpretation,” the SC said.

In a separate ruling, the SC lowered the penalty imposed on clerk of court Jeoffrey Joaquino, who was found guilty of gross ignorance of the rules and dereliction of duty on Aug. 11, 2010. He filed a motion for reconsideration before the SC.

In the resolution penned by Associate Justice Antonio Eduardo Nachura last June 8, the penalty was lowered from six-month suspension to P10,000 fine in the “spirit of compassion.” – Rene Borromeo, Mylen Manto/The Freeman