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Monday, August 15, 2005
Judge fined for 'making courtroom a home'
A MUNICIPAL trial court judge in Misamis Oriental has found a new meaning to the phrase "feeling right at home" inside the courtroom.
The Supreme Court (SC) recently found Judge Alfredo Cain of the Balingasag-Lagonglong, Misamis Oriental Fourth Municipal Circuit Trial Court guilty of violating an administrative circular after "having his courtroom and living there, too."
In a resolution, the SC's First Division fined Cain P10,000 for using the courtroom as his sleeping and living quarters, a clear violation of the circular which prohibits all officials and employees of the judiciary from using their offices as residence or for any purpose than for court or judicial functions.
Violators of the administrative rule has a corresponding penalty of suspension of not less than one month to not more than three months, and a fine not less than P10,000 but not exceeding P20,000.
The case stemmed from the administrative complaint for misconduct and unethical behavior filed by a certain Eduardo Dalapo against Cain and his wife for allegedly using the court and its facilities as their sleeping and living quarters.
Dalapo alleged that the judge had pressured parties in a separate case docketed in his court to amicably settle their cases without the presence of their counsel, and thereafter force them to sign an affidavit of desistance.
Cain belied allegations of case fixing but admitted to spending several nights inside the courtroom.
Upon investigation of the Office of the Court Administrator, no evidence of case fixing was found but based on his admission, the SC found him guilty of violation of AC 1-99.
Cain's admission to committing the violation, however, prompted the SC to mitigate his penalty. (ECV)
(August 15, 2005 issue)
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