A.M. No. RTJ-21-010 - Berso, Jr. vs. Rabe

Complainant Pacifico Berso, Jr. filed a verified complaint against Judge Alben C. Rabe, who was then presiding as Acting Presiding Judge of Branch 16 of the Regional Trial Court (RTC) in Tabaco City, Albay.
The complaint charged Judge Rabe with violations of Rule 1.01 and Rule 3.05 of the Code of Judicial Conduct for the Philippine Judiciary, specifically in connection with three criminal cases (Criminal Case Nos. T-6454, T-6455, and T-6456) involving the serious allegation of rape committed by Ronnel Borromeo against the complainant’s minor daughter.

The criminal cases stemmed from three informations alleging rape by Borromeo; these cases were raffled to RTC Branch 16 and assigned to Judge Rabe.
On October 6, 2015, Borromeo filed a Motion for Judicial Determination of Probable Cause and to defer the issuance of a warrant of arrest.
In response, Judge Rabe conducted hearings during which both the victim and Borromeo testified and were cross-examined, leading to his Order dated June 1, 2016, dismissing the cases for want of probable cause.
The motion for reconsideration filed by the public prosecutor was denied on July 5, 2016, prompting the Office of the Solicitor General (OSG) to seek relief through a Petition for Certiorari before the Court of Appeals (CA).

The CA, in its Decision dated February 10, 2017, annulled Judge Rabe’s dismissal orders for grave abuse of discretion, holding that:

The judge inappropriately conducted what amounted to a full-blown trial during the clarificatory hearing for probable cause.
His finding of no probable cause to charge Borromeo with rape was contrary to the evidence on record.

Borromeo’s motion for reconsideration of the CA’s decision was denied on June 5, 2017, and no further appeal was pursued, resulting in a remand to the trial court.
Despite the CA’s final decision, Judge Rabe persisted in delaying proceedings by refusing to issue a warrant of arrest against Borromeo and scheduling further hearings, including a clarificatory hearing on September 13, 2017.
The prosecution’s subsequent motions—including a Motion to Defer Hearing and a Manifestation with a Motion for Immediate Issuance of Warrant of Arrest—were denied by Judge Rabe, who maintained his position that there was no probable cause.

In its Memorandum dated August 28, 2020, the Office of the Court Administrator (OCA) found that Judge Rabe committed gross misconduct and displayed gross ignorance of the law.
The OCA highlighted:

Judge Rabe’s departure from established procedures designed to ensure the prompt issuance of a warrant of arrest.
His continued insistence on conducting additional clarificatory hearings despite the clear findings of probable cause by the CA.
His reliance on unauthenticated private documents and a failure to give the prosecution a chance to controvert such evidence.

Re-docketing the complaint as a regular administrative matter.
Finding Judge Rabe guilty of gross misconduct, accompanied by a fine.
Finding him guilty of gross ignorance of the law, imposing dismissal from service along with the forfeiture of retirement benefits (except accrued leave credits) and prejudice against re-employment in any government branch or instrumentality.

Exercising his judicial discretion in an improper manner.
Exhibiting manifest bias and partiality in his handling of the motion for judicial determination of probable cause.
Committing gross ignorance of the law through procedural and substantive missteps in dismissing the criminal cases against Borromeo.

Whether his actions, which included undue delay in rendering decisions and ignoring the finality of the Court of Appeals’ ruling, warrant administrative sanctions such as dismissal, fines, or other penalties.