Capricious arrogance

This is another charge against the Metropolitan Trial Court Judge of Pasig City (Judge JR) who was found unfit to discharge her functions as a judge also because of her carelessness and lack of circumspection in the use of the inherent power to punish for contempt. This is shown by the incident involving the very prosecutor assigned in her sala (RR).

The incident started on October 1, 2004 at about 6 p.m. when Judge JR inofficiously ordered prosecutor RR to conduct an inquest at the police station against her Branch Clerk of Court (TM) for the crime of malversation to prevent the latter’s release who had earlier been arrested while allegedly engaged in illegal gambling and had posted the required bail. Notwithstanding the explanation of RR that she was not authorized to conduct an inquest outside her office and the crime of malversation allegedly committed two years earlier could not be the proper subject of an inquest, Judge JR could not be denied. Upon her insistence, the police had to detain TM and released him only the following Monday October 4, 2004 for preliminary investigation after the inquest.

Apparently, Judge JR did not like prosecutor RR’s actions at the Police Station. So when RR appeared for hearing at Judge JR’s sala on October 11, 2004 after being absent on October 5 and 6 due to severe headache, Judge JR asked RR for a Medical Certificate. When RR could not produce any as she did not personally see a doctor, Judge JR issued an order requiring RR to explain in writing within 24 hours why she should not be cited in contempt for refusing to conduct an inquest on October 1, 2010. This surprised RR because no contempt case was filed against her and included in the court’s calendar. Judge JR even insinuated in open court that RR will eventually be declared in contempt but assured RR that she will not order her arrest on the same day as she was still arranging with the PNP Chief to send a police officer who will arrest and detain RR.

This episode somewhat unnerved RR causing her to be hospitalized on the night of October 11, 2004 until October 14, 2004, due to chest pain. Judge JR’s court was informed of this development. But at the hearing on October 13, 2004, Judge JR issued an order in open court to arrest RR for her failure to attend the proceedings that day as well as on October 5 and 6 without any valid explanation and for her failure to give an explanation within 24 hours pursuant to the order issued on October 11, 2004. Judge JR set a bail of P1,000 per case that was delayed during her absence on October 5, 6, 12, and 13, 2010. Since there were 119 cases delayed on those days, the total bail amounted to P119,000. Then for two counts of apparent contempt for misbehavior and improper conduct, bail of P25,000 each was set by JR.

When RR questioned these orders in a petition for certiorari, prohibition and mandamus with prayer for temporary restraining order (TRO) before the RTC, four police officers served a warrant for her arrest at the TRO hearing purportedly issued on October 11, 2004 by JR. Since no complaint was filed against RR, Judge JR conveniently issued the warrant under Criminal Cases Nos. 02164 to 02173 which pertained to cases filed against other persons. The October 13, 2004 order conveniently omitted to show any case numbers. 

RR’s travails did not stop there. On October 27, 2004 she received another order requiring her to show cause within 24 hours from receipt why she should not be cited for contempt for her failure to submit her explanation to the Oct. 11 and 13, 2004 orders and for her failure to attend the court proceedings. For this latest order, bail was set at P2,000 per case or a total of P238,000.

For all these actions of Judge JR against her, RR charged Judge JR with grave abuse of authority and/or grave misconduct falsification of public documents. Was Judge JR liable?

Yes. The orders of Judge JR against RR betray not only her ignorance as regards the Rule on Contempt of Court but also her capricious arrogance and despotic nature, the antithesis of an ideal arbiter. It betrays a flaw in her psychological makeup that disqualifies her from presiding in a court and dispensing justice.

The carelessness and lack of circumspection on the part of Judge JR in peremptorily ordering the arrest and detention of RR warrant the imposition of a penalty as a corrective measure so that she and others may be properly warned about carelessness in the application of the proper law and undue severity in ordering the detention of RR immediately and depriving her of the opportunity to seek recourse from higher courts against the summary penalty of imprisonment. The power to declare a person in contempt is inherent in all courts so as to preserve order in judicial proceedings and uphold the administration of justice. Judges however are enjoined to exercise such power judiciously and sparingly with utmost restraint and with the end in view of utilizing the same for correction and preservation of the dignity of the court and not for retaliation or vindication.

This is another reason why Judge JR was dismissed. But the records here show that, after being suspended, she abandoned her office. She did this probably because she felt guilty and could not find any justification for her actions so she fled (A.M. No. MTJ-06-1623 September 18, 2009, Romana Reyes vs. Julia A. Reyes, 600 SCRA, 345, 351).

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Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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