Rafols v. Dizon

A.M. No. RTJ-98-1426 · 2006-01-31 · J. CURIAM, J.: · Primary: Ethics; Secondary: Criminal
REITERATION

Facts

The Antecedents: The Integrated Bar of the Philippines, South Cotabato-Sarangani-General Santos City Chapter, initiated an administrative investigation against Judge Teodoro Dizon and Atty. Ricardo G. Barrios, Jr. This was based on a joint affidavit by complainants Manuel C. Rafols, Jr. and Lolita B. Rafols, corroborated by other affidavits. The complainants alleged that Judge Dizon demanded P150,000.00 to decide Civil Case No. 6209 in their favor, assuring victory up to the Court of Appeals. Procedural History: The Supreme Court docketed the matter, directed Judge Dizon to answer the charges, and placed him under preventive suspension. The Court also referred the actuations of Atty. Barrios to the Office of the Bar Confidant for investigation. Judge Dizon's wife communicated his serious physical condition, requesting a hold on the investigation and lifting of his suspension, which was denied. Respondent Judge eventually filed a comment denying the allegations. The case was referred to an Associate Justice of the Court of Appeals for investigation. The investigating justice recommended dismissal but considered mitigating circumstances, suggesting retirement and restitution. The Office of the Court Administrator, while commiserating, recommended dismissal from the service, forfeiture of benefits, and referral of Atty. Barrios' conduct to the Bar Confidant. The Petition: The Supreme Court reviewed the findings and recommendations.

Issue(s)

Whether respondent Judge Teodoro A. Dizon committed bribery and gross misconduct. Whether the acts of respondent Judge violated the Code of Judicial Conduct. What is the appropriate penalty for the proven offenses.

Ruling

The Supreme Court found the accusations well-founded and that the complainants adequately proved that respondent demanded P150,000.00 for a favorable resolution and actually received P130,000.00. Respondent's denial was unsubstantiated and lacked evidentiary value against the credible testimonies of the complainants' witnesses. The Court held that respondent committed bribery and gross misconduct, violating Canons 1 and 2 of the Code of Judicial Conduct. Consequently, respondent Judge Teodoro A. Dizon was DISMISSED FROM THE SERVICE with forfeiture of all benefits, except accrued leave credits, and with prejudice to re-employment in the government. The directive for the Office of the Bar Confidant to investigate Atty. Ricardo Barrios, Jr. was reiterated.

Ratio Decidendi

On whether respondent Judge Teodoro A. Dizon committed bribery and gross misconduct: The Court found that the complainants credibly and adequately proved that respondent demanded P150,000.00 for a favorable resolution of their case and that respondent actually received P130,000.00. This demand and receipt of money from litigants in consideration of a favorable judgment directly constitutes bribery and gross misconduct. The Court emphasized that a "denial, if unsubstantiated by clear and convincing evidence, is a negative and self-serving evidence which deserves no weight in law and cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters." Respondent's blanket denial was found to be unsubstantiated and thus could not overcome the positive testimonies of the complainants' witnesses. Even the testimony of the driver, Jaime Quizan, was rebutted by the positive testimony of Manuel C. Rafols, Jr., casting doubt on the defense's narrative. On whether the acts of respondent Judge violated the Code of Judicial Conduct: The Court held that the acts of respondent in demanding and receiving money from litigants before his court for a favorable judgment constitute a "serious charge" as defined in Section 8 of Rule 140 of the Rules of Court. Specifically, respondent committed direct bribery and gross misconduct constituting violations of the Code of Judicial Conduct. The Court cited Rule 1.01 of Canon 1, which states that "A judge should be the embodiment of competence, integrity and independence," and Rule 2.01 of Canon 2, which mandates that "A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary." By demanding and receiving money from a litigant in consideration of a favorable judgment, respondent performed acts of impropriety that violated the integrity of the judiciary and degraded public confidence in the courts. The Court reiterated that "Integrity in a judicial office is more than a virtue; it is a necessity." On the appropriate penalty for the proven offenses: The Court stated that Section 11 of Rule 140 of the Rules of Court enumerates the imposable sanctions for a serious charge, including dismissal from the service, forfeiture of benefits, and disqualification from reinstatement. The Court has consistently imposed the penalty of dismissal on magistrates found guilty of bribery, classifying it as a serious misconduct in office that this Court condemns in the strongest possible terms. The Court cited the rationale in Office of the Court Administrator v. Bautista, emphasizing that this kind of "gross and flaunting misconduct on the part of those who are charged with the responsibility of administering the law and rendering justice that so quickly and surely erodes the respect for the law and the courts without which government cannot continue and that tears apart the very bonds of our polity." Therefore, the Court ordered the dismissal of respondent Judge Teodoro A. Dizon from the service with forfeiture of all benefits, except accrued leave credits, and with prejudice to re-employment in the government.

Main Doctrine

A judge demanding and receiving money from litigants for a favorable judgment commits bribery and gross misconduct, violating the Code of Judicial Conduct, and warrants dismissal from service with forfeiture of benefits.

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