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Friday, March 12, 2004
SC reprimands Cebu RTC judge
By Karlon N. Rama
THE High Tribunal has reprimanded a Cebu Regional Trial Court (RTC) judge for discourtesy against an attorney, saying it is a judge's duty "to be patient, attentive and courteous to lawyers."
In a seven-page decision penned by Justice Con-suelo Ynares-Santiago, the Supreme Court's First Division reprimanded RTC 14 Judge Raphael Yrastorza Sr.
It cited an instance when the judge "insulted the complainant in open court and shut her off in mid-sentence while she was still explaining her side."
"A judge should conduct proceedings in court with fitting dignity and decorum," said the SC, which also warned that "a repetition of this or similar acts will be dealt with more severely."
Cebu-based lawyer Gloria Lastimosa-Dala-wampu filed the complaint against Yrastorza in 2002, accusing the judge of serious misconduct in open court in at least two occasions.
In October last year, Dalawampu filed a motion to withdraw her complaint, saying she and the judge had ironed out their differences in a "Bench and Bar Dialogue" a month before.
But the High Tribunal proceeded with the case anyway. The decision was promulgated last Feb. 5, with Chief Justice Hilario Davide Jr. among those who concurred.
'No insult'
In his answer before the SC, Judge Yrastorza said that the complainant was just exaggerating and that he "did not mean to insult the complainant or her clients."
He only wanted "to expedite the proceedings," the judge explained.
But, said the High Court: "A magistrate of the law must comport himself at all times in such manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public that looks up to him as the epitome of integrity and justice."
In her complaint, Dalawampu narrated her encounter with the judge in a court session held last Jan. 14, 2002, when the judge called the People vs. Gina and Bob Villaver case for pre-trial.
She said she moved for the resetting of the proceedings, because the government prosecutor assigned to Yrastorza's sala was absent.
Before she could finish stating her motion, the judge cut her off mid-sentence and told her to give the case to somebody else if she cannot handle the work, Dalawampu said in her complaint.
When she tried to explain by saying it wasn't she who couldn't show up but the government prosecutor, Yrastorza again cut her off. "Do not give me so many excuses Atty. Dalawampu, I don't care who you are," she quoted him as saying.
"I don't care who you are. You can file 1,000 administrative cases against me, I don't care," she also heard him say as she was about to leave the courtroom.
Withdrawn
Dalawampu, in her complaint, also said that this wasn't the first time she had a not-so-pleasant encounter with the judge.
She said the judge, last Oct. 11, 2000, also scolded her for failing to submit her pre-trial brief on another case-one that would be heard the following day-when pre-trial briefs are not compulsory in criminal cases.
In its resolution dated Aug. 6, 2003, the High Court referred the case to Associate Justice Marina Buzon of the Court of Appeals for investigation, report and recommendation.
But before the first hearing date, Dalawampu withdrew the complaint.
She said the complaint "posed a block to the harmonious relationship" between her and the judge.
She also failed to appear during the hearing called last Oct. 21, 2003, where Judge Yrastorza filed a motion to dismiss, on the ground that Dalawampu wasn't interested in prosecuting the matter.
Buzon, on Nov. 6, 2003, recommended the dismissal of the case, saying Dalawampu failed to prove the allegations in her complaint.
The Supreme Court ruled otherwise.
"Mere desistance on the part of the complainant does not warrant the dismissal of an administrative complaint against any member of the bench and the judiciary," the High Tribunal ruled.
"The court's interest in the affairs of the judiciary is a paramount concern that knows no bounds. Hence, instead of dismissing the charge as recommended, the court, in the exercise of its power of administrative supervision, resolves to reprimand respondent judge for his failure to exercise greater circumspection in dealing with the complainant," the High Court said.
(March 12, 2004 issue)
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