520 Phil. 573
CARPIO, J.:
In his Comment[3] dated 23 February 2001, respondent judge controverted the allegations against him as follows:
- In Criminal Case No. 00-58710 entitled People v. Alias Gamay Cruza Balle, respondent judge, because of "familiarity" with accused's counsel, granted the motion for reduction of bail without notice to complainant, the private prosecutor and husband of the private complainant in the case. Respondent judge also granted the motion without the conformity of Prosecutor Constantino C. Tubilleja, the trial prosecutor assigned to Branch 30.
- In Criminal Case No. 49222 entitled People v. Pampag, Criminal Case No. 45575 entitled People v. Tuburan, and Criminal Case No. 45060 entitled People v. Hormina, respondent judge rendered erroneous decisions because he erred in the appreciation of the evidence presented before the court.
- Respondent judge rendered decisions beyond the mandatory 90-day period. In People v. Tuburan, submitted for decision on 16 August 1999, respondent judge promulgated his decision on 19 January 2000 or after a lapse of five months and three days. In People v. Hormina, submitted for decision on 21 June 1999, respondent judge promulgated his decision on 13 January 2000 or after a lapse of six months and twenty-two days.
- On 29 October 1999, respondent judge invited complainant to his chambers and called complainant a "swindler." Complainant surmised that this was because he "caricatured" respondent judge and the public prosecutor in his motion for reconsideration in People v. Pampag.[2]
- Respondent judge does not wear his black robe during court sessions.
- Respondent judge intervenes "too thickly" during the cross-examination of witnesses by complainant.
- Respondent judge uniformly overrules complainant's objections, while uniformly sustaining objections of the public prosecutor.
- Finally, respondent judge keeps on referring to the stenographer questions on matters that transpire during the court hearings.
In a Resolution dated 6 May 2002, the Court ordered the re-docketing of the case as an administrative matter.
- In People v. Alias Gamay Cruza Balle, respondent judge admitted that he knows accused's counsel but this was not the reason why he granted the motion for reduction of bail. Respondent judge stated that accused's counsel pointed out that the accused, being a minor offender, could be released on recognizance. However, accused's counsel opted to move for a reduction of bail to secure his immediate release. Respondent judge also stated that the motion was submitted with the conformity of Prosecutor Jeremy Bionat, who was duly authorized by City Prosecutor Efrain Baldago to act on petitions for reduction of bail.[4]
- In People v. Pampag, People v. Tuburan, and People v. Hormina, which were all appealed to the Court of Appeals, respondent judge believed that it is up to the Court of Appeals to determine the validity of his analysis and conclusions of the evidence presented in these cases.
Respondent judge also pointed out that in People v. Pampag, complainant was "not all together candid and honest with his complaint." Complainant made it appear in the complaint that respondent judge's decision placed the value of the necklace at P15,000, as alleged in the information. According to respondent judge, the decision clearly stated that the value of the necklace was P1,000.[5] Complainant also claimed that respondent judge "almost" sent the accused to prison for six years and one day to ten years. Respondent judge considers this as "malicious" because this was not the penalty imposed by the court.[6]- In People v. Tuburan and People v. Hormina, respondent judge admitted that the decisions in these cases were promulgated beyond the 90-day period. Respondent judge explained that he was already loaded with complicated civil cases when these cases were submitted for decision. He also claimed that his staff did not inform him that these two cases had already been submitted for decision. However, respondent judge accepts full responsibility for the delay and does not blame anyone for his shortcomings.
- Respondent judge denied that he invited complainant to his chambers and that he called complainant a "swindler."
- On the charge that he does not wear the black robe during court sessions, respondent judge attributed this to his "thyrotoxicosis" which causes excessive sweating, resulting to an imbalance of electrolytes in the muscles manifested by a sudden loss of muscle function.[7] Respondent judge, therefore, tries to avoid possible conditions that may subject him to excessive sweating, like wearing the black robe during trial, as it may aggravate his ailment. He also claimed that he consulted with then Court Administrator Meynardo A. Tiro ("Court Administrator Tiro") and Justice Ernani C. Paño on this matter. Court Administrator Tiro allegedly advised him that "he does not need to wear the robe if it will be unhealthy for him."[8] He also stated that the Court did not send him his black robe even if he sent his measurements.
- Respondent judge denied that he intervenes during the cross- examination of witnesses by complainant.
- On the objections that he overruled, respondent judge explained that he overruled them because they did not conform to the Rules of Court.
- On the allegation that he keeps referring to the stenographer on matters relating to the proceedings during trial, respondent judge pointed out that this is because the stenographer is the one in charge of recording the whole proceedings during trial.
Respondent judge concluded that complainant filed the administrative case against him because his rulings were against the interest of complainant, particularly the granting of the motion to reduce bail. Respondent judge also asked the Court that sanctions be imposed on complainant for conduct and language unbecoming of an officer of the court because of the "colorful language" used in the complaint and the way he "manipulates" his arguments.
With respect to the charge of delay, respondent admits to the delay in rendition of judgment in the subject cases.
The Court time and again has pronounced that delay in resolving motions and cases pending before a judge's sala within the reglementary period of ninety (90) days fixed by the Constitution and the law is not excusable and should not be condoned. Respondent [j]udge should therefore be reminded that assumption of judicial office casts upon him duties and restrictions peculiar to his position. He should be faithful to the law and maintain professional competence, dispose of the court's business promptly and decide cases within the required period. (Report on the Judicial Audit and Physical Inventory of the Cases in RTC, Branch 138, Makati City, Administrative Matter No. RTJ-94-4-156, 13 March 1996)In the present case, the respondent [j]udge was fully aware of the courts' condition which adversely affected the disposition of cases in his court. Therefore he could have seasonably requested an extension of time to decide said cases citing the reasons thereto if he could not comply with the mandate. But he failed to do so.On the issue of granting the reduction of bail without the [public] prosecutors' opposition, suffice it to say that the [public] prosecutor could have objected to the reduction upon resumption of [the] hearing on the case. He did not. Respondent [judge] cannot now be faulted for the lapse of the public prosecutor.Administrative Circular No. 25 dated 9 June 1989 requires all judges to wear the black robe during court sessions to heighten public consciousness on the solemnity of judicial proceedings. Although respondent [judge] claims to have sought exemption from the rule from then Court Administrator Tiro, there seems [to be] no reason why he should consider himself excused now. If respondent is still suffering from "thyrotoxicosis" he should submit a medical certificate to buttress his claim considering that he has not been wearing the black robe since 1989.[14]
Complainant was also warned that the commission of the same or similar acts in the future would be dealt with more severely. In Yared v. Ilarde,[50] complainant was again warned because of the "improper and unethical language" he employed in the pleadings and motions he filed before the court.That Atty. Tiongco had exceeded the bounds of decency and propriety in making x x x the scurrilous characterizations of the respondent judge is, indeed, all too obvious. Such could only come from anger, if not hate, after he was not given what he wanted. Anger or hate could only come from one who "seems to be of that frame of mind whereby he considers as in accordance with law and justice whatever he believes to be right in his own opinion and as contrary to law and justice whatever does not accord with his views" (Montecillo vs. Gica, 60 SCRA 234, 238 [1974]).[49]