The Supreme Court has ruled that the death of a judge does not automatically terminate administrative proceedings against them, especially if the investigation was completed before their death. In such cases, the appropriate penalty is the forfeiture of all retirement and other benefits, except accrued leaves. This decision emphasizes that judges are accountable for their actions even after death, ensuring integrity within the judiciary. The ruling also clarifies the exceptions where death may warrant dismissal, such as a violation of due process, exceptional humanitarian circumstances, or the type of penalty involved.

Extortion from the Bench: Can Justice Be Bought and Sold?

This case arose from allegations that Judge Godofredo B. Abul, Jr., demanded money from detainees in exchange for their release or the dismissal of their drug-related cases. Rev. Father Antoni A. Saniel, Director of the Prison Ministry of the Diocese of Butuan, reported the alleged extortion activities to the Office of the Court Administrator (OCA). Affidavits from Hazel D. Reyes and Anna Marie B. Montilla supported these claims, stating that Judge Abul had demanded sums ranging from P200,000.00 to P300,000.00. The central question was whether Judge Abul’s actions constituted gross misconduct and violated the New Code of Judicial Conduct for the Philippine Judiciary.

The OCA conducted a fact-finding investigation, interviewing Reyes and Montilla, who confirmed their affidavits. The investigation team also reviewed records of Criminal Case No. 15630, which was decided in a manner that raised doubts about the regularity of the acquittal of the accused. Consequently, the Supreme Court placed Judge Abul under preventive suspension and required him to comment on the allegations. In his defense, Judge Abul denied all accusations, claiming they were false and intended to tarnish his reputation. However, pending the review of the administrative case, Judge Abul passed away.

The OCA submitted its report, recommending that Judge Abul be found guilty of grave misconduct and fined P500,000.00, to be deducted from his retirement gratuity. The OCA argued that Judge Abul’s death did not preclude a finding of administrative liability, as his right to due process was not violated, and no exceptional circumstances warranted dismissing the case. The Supreme Court adopted the OCA’s findings but modified the recommendation. The Court emphasized that based on sworn declarations and court records, there were sufficient grounds to hold Judge Abul administratively liable for extortion.

The Court cited specific instances where Judge Abul’s actions appeared irregular. For example, he visited the provincial jail and spoke with Reyes and Montilla, actions that could be perceived as influencing the detainees. Furthermore, the decision acquitting the accused in Criminal Case No. 15630 was promulgated without the presence of all the accused, raising procedural concerns. These circumstances, the Court noted, rendered the allegations of Reyes and Montilla credible, especially since Judge Abul failed to offer any plausible explanation or evidence of ill motive on their part.

The Court also emphasized that the Code of Judicial Ethics requires judges to maintain conduct free of any impropriety, both in and out of office. Judges must avoid associating with litigants and counsel who have matters pending before them to prevent any perception of bias. By meeting and talking with the accused whose cases were pending in his court, Judge Abul had already transgressed ethical norms and compromised his integrity and impartiality. These actions violated Canons 2, 3, and 4 of the New Code of Judicial Conduct for the Philippine Judiciary, which pertain to integrity, impartiality, and propriety.

Moreover, the Court agreed with the OCA’s findings regarding the acquittal of the accused in Criminal Case No. 15630, noting that the circumstances surrounding their acquittal gave credence to the allegations of corruption against Judge Abul. The decision was considered premature and grossly unprocedural, violating the Rules of Court. Judge Abul allowed the accused to manipulate the proceedings when he unduly acted favorably on their memorandum praying for their acquittal, despite the prosecution’s opposition. Such actions constituted grave misconduct, defined as corruption or a clear intent to violate the law.

Despite Judge Abul’s death, the Court held that it should not result in the dismissal of the administrative complaint. Citing Gonzales v. Escalona, the Court stated that its jurisdiction is not ousted by the mere fact that the respondent public official had ceased to hold office. Jurisdiction over the case, once acquired, continues until final resolution. Considering that Judge Abul was fully afforded due process during the investigation, the Court found no reason to dismiss the case.

It’s important to note that the Court had previously warned Judge Abul in Calo v. Judge Abul, Jr. to be more circumspect in issuing orders to avoid any perception of partiality. However, this warning was evidently ignored, as Judge Abul still committed another serious offense. Under Section 11, Rule 140 of the Rules of Court, grave misconduct constituting violations of the Code of Judicial Conduct is a serious offense that results in dismissal from the service, forfeiture of all or part of the benefits, and perpetual disqualification from reappointment to any public office, except accrued leave credits.

In light of Judge Abul’s death, the Court could not impose the penalty of dismissal. Therefore, the accessory penalty of forfeiture of all retirement and allied benefits, except accrued leaves, became the viable sanction. The Court found Judge Abul guilty of gross misconduct and ordered the forfeiture of all his benefits, including retirement gratuity, exclusive of his accrued leaves, which were to be released to his legal heirs. This decision reinforces the principle that judicial officers must be held accountable for their actions, even after death, to maintain the integrity of the judiciary.

FAQs

What was the central issue in this case?	The central issue was whether Judge Abul’s alleged extortion activities constituted gross misconduct in violation of the New Code of Judicial Conduct for the Philippine Judiciary, and whether his death should result in the dismissal of the administrative case against him.
What was the Office of the Court Administrator’s (OCA) recommendation?	The OCA recommended that Judge Abul be found guilty of grave misconduct and fined P500,000.00, to be deducted from his retirement gratuity.
How did the Supreme Court modify the OCA’s recommendation?	The Supreme Court adopted the OCA’s findings but modified the penalty to the forfeiture of all benefits, including retirement gratuity, exclusive of accrued leaves.
Why didn’t the Court dismiss the case after Judge Abul’s death?	The Court stated that its jurisdiction is not ousted by the death of the respondent public official, especially since Judge Abul was afforded due process during the investigation.
What ethical violations did Judge Abul commit?	Judge Abul violated Canons 2, 3, and 4 of the New Code of Judicial Conduct for the Philippine Judiciary, which pertain to integrity, impartiality, and propriety.
What is considered grave misconduct?	Grave misconduct is defined as corruption or a clear intent to violate the law, as well as flagrant disregard of established rule.
What are the exceptions where death may warrant dismissal of an administrative case?	The exceptions are: violation of due process, exceptional humanitarian circumstances, or the type of penalty involved.
What was the previous warning given to Judge Abul?	The Court had previously warned Judge Abul in Calo v. Judge Abul, Jr. to be more circumspect in issuing orders to avoid any perception of partiality.
What benefits are the heirs still entitled to?	The legal heirs are entitled to Judge Abul’s accrued leaves, which will be released to them. All other benefits are forfeited.

This decision underscores the importance of judicial accountability and the commitment to upholding the integrity of the judiciary. By holding judges responsible for their actions, even after death, the Supreme Court reinforces the principle that public office is a public trust. The ruling serves as a reminder to all judicial officers to adhere to the highest ethical standards and to maintain conduct free of any impropriety.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: INVESTIGATION REPORT ON THE ALLEGED EXTORTION ACTIVITIES OF PRESIDING JUDGE GODOFREDO B. ABUL, JR., BRANCH 4, REGIONAL TRIAL COURT, BUTUAN CITY, AGUSAN DEL NORTE, 65676, September 03, 2019