Thursday, December 20, 2007 SC sacks RTC judge By Lizanilla J. Amarga
THE Supreme Court (SC) recently cracked its whip against two erring regional trial court (RTC) judges with one being made to pay a fine of P10,000 while the other judge was dismissed for gross misconduct and immorality.
Judge Gregorio Pantanosas Jr. of RTC Branch 20 in Cagayan de Oro City, though considered resigned from office when the decision against him was promulgated, still was made to pay a fine of P10,000 for "undue delay" in resolving a civil suit.
While Executive Judge Rexel M. Pacuribot of RTC Branch 27 of Gingoog City was dismissed from service for subjecting two of his subordinates to unwelcome sexual advances and acts of lasciviousness.
Sun.Star Cagayan de Oro failed to contact the two judges as of this writing Wednesday.
However, local lawyers said Pantanosas and Pacuribot can still avail of the remedy of filing a motion for reconsideration of the decision held against them.
They cited the one-year suspension issued by the High Tribunal against opposition lawyer Rogelio Bagabuyo as an example, saying the two judges can avail of an appeal for motion for re-consideration.
Disbarred
The lawyers added that the decisions of the SC can still be reversed should the motion for reconsideration be found with merit by the High Tribunal.
In a 51-page decision dated December 14, 2007, the SC found Pacuribot guilty of "gross misconduct and immorality."
All retirement benefits of Pacuribot were forfeited. He can no longer be re-employed in any government branch.
He was also ordered to stop from rendering any order or decision, or from continuing any proceedings the soonest that he gets the decision. He was asked to explain as well why he should not be disbarred as a member of the Philippine Bar.
The order was posted last December 17 at the judiciary's official website www.supremecourt.gov.ph.
Pacuribot's case stemmed from two affidavit-complaints filed by Sherlita O. Tan, Court Stenographer of Branch 27, and Johanna M. Villafranca, Clerk II of the Gingoog City Parole and Probation Office.
Both Tan and Villafranca are married. They separately filed sexual harassment charges against Pacuribot "for having committed repeated acts of sexual harassment and violence on their respective persons."
Sexual favors
"Two anonymous letters were also received by the court from two employees of the Gingoog City Hall of Justice claiming they were "terrorized and harassed" by Pacuribot.
The judge is also accused of "maintaining an illicit relationship and fathering two children". This however was set aside by the Court for having "no merit, and thus was rendered moot."
The SC adopted the findings of Investigating Justice Teresita Dy-Liacco Flores of the Court of Appeals, Cagayan De Oro City Station.
Flores held that Pacuribot has "over long periods of time, persistently solicited sexual favors from Ms. Tan and Ms. Villafranca."
Both complainants alleged that Pacuribot had taken them to a motel on separate instances, where the latter succeeded in raping them.
In Tan's case, Pacuribot's advances continued even in the office.
Pacuribot would "grab her blouse and kiss her neck saying that she smells so sweet whenever she would go inside his chamber."
Impropriety
There had been occasions as well, when Pacuribot would "summon Villafranca to his chambers on the pretext of discussing probation matters, only to grab her, kiss her, and leave kiss marks on her neck and chest."
The SC said: "Judge Pacuribot's conduct indubitably bears the marks of impropriety and immorality."
The decision stated that his "severely abusive and outrageous acts, which are an affront to women, unmistakably constitute sexual harassment because they necessarily result in an intimidating, hostile, or offensive environment for the employees."
The High Tribunal further added that the sexual violations "shock our sense of morality."
The SC maintained that Pacuribot, "violated the trust reposed on his high office and completely failed to live up to the noble ideas and strict standards of morality required of members of the Judiciary."
Meanwhile, the Supreme Court's decision against Pantanosas stemmed from a case filed by Jimmy Uy against the presiding judge of Branch 20.
Decisive
The decision dated December 10 this year, penned by Justice Angelina Sandoval-Gutierrez narrated how Uy denounced Pantanosas for "undue delay in the resolution of Civil Case No. 2002-241, entitled Silver Swan Manufacturing Corporation v. Salvador Cuerquiz.
The civil suit was filed seeking judicial abatement of nuisance with prayer for mandatory injunction and damages.
Pantanosas justified the delay, stating that he had no control over the events, which caused the postponements of the proceedings.
He also blamed the plaintiff for conforming to defendant's motions to postpone.
But on June 13, 2006, Court Administrator Christopher O. Lock found how Pantanosas "had been liberal in granting postponements requested by the parties, most of the time, by the defendant and even at the instance of the court itself."
"Despite the numerous delays encountered by the case, he was never decisive in warning the parties against unreasonable requests for continuance," Lock said.
Warning
Lock added: "A judge should at all times remain in full control of the proceedings in his branch and should adopt a firm policy against improvident postponements."
The SC said these "lengthy postponements of court hearings create delay in the administration of justice."
The delays "undermine the people's faith in the judiciary," Lock said.
Lock recommended that respondent judge be fined P10,000 with a stern warning that commission of the same act would be dealt with more severely.
SC records show that on March 29, 2007, Pantanosas filed with the Commission on Elections (Comelec) a Certificate of Candidacy as Vice Governor of Misamis Oriental.
Pantanosas therefore considered resigned from the judiciary as of the time when the decision against him was made.
The Supreme Court sill ordered Pantanosas to pay a fine of P10,000.00 and "warned that a repetition of the same or similar act will be dealt with more severely."
