A.M. No. RTJ-24-071 - Bloomberry Resorts and Hotels, Inc. vs. Hon. Brigido Artemon M. Luna II

Bloomberry Resorts and Hotels, Inc. (Bloomberry) operates Solaire Resort and Casino in Parañaque City.
Gerardo R. Palmero, the Security Specialist Investigator of Bloomberry, filed a Complaint-Affidavit on September 21, 2015, against Joselito Eliz Meneses Asistio (Joselito), a Bloomberry dealer, and Anthony Novena Clavito (Anthony), a patron.

Joselito and Anthony were charged with two counts of estafa under Article 315(3)(b) of the Revised Penal Code.
They allegedly conspired in a "past-posting" scheme where bets were placed only after winning baccarat combinations were announced.
The purported defrauded amount totaled PHP 200,000.00.

The Office of the City Prosecutor found probable cause and filed Information in the Parañaque Regional Trial Court (RTC), Branch 196, presided over by Judge Brigido Artemon M. Luna II.
Warrants of arrest were issued; Anthony was apprehended and arraigned, pleading not guilty; Joselito remained at large.
After pre-trial, six prosecution witnesses were identified, including Bloomberry personnel.
Anthony jumped bail and his counsel withdrew; the case proceeded ex parte with Bloomberry's private prosecutor Picazo Law firm appearing.

The prosecution sought to present CCTV footage through surveillance employees Valenzuela and Gonzales.
Judge Luna questioned their authority to disclose Bloomberry's trade secrets and insisted on formal authorization.
Valenzuela was ruled "not ready to testify" and his testimony deemed waived; a Motion for Reconsideration was denied.
Atty. Keith Elbert C. King, private prosecutor, was disqualified for purported inability to appreciate rules of evidence; public prosecutor restored control.
Gonzales was also disqualified on similar grounds; prosecution declared no further evidence would be presented.
Bloomberry filed a Motion for Reconsideration to allow Gonzales' testimony; denied and the trial judge ruled the evidence inadmissible.

Judge Luna acquitted Anthony due to failure to prove guilt beyond reasonable doubt, noting an "utter absence of evidence" aside from some procedural testimony.
Bloomberry filed an administrative complaint alleging gross ignorance of the law, bias, gross misconduct, and conduct unbecoming of a judge based on:

Judge Luna denied wrongdoing, citing good faith and judicial remedies available to Bloomberry (including a pending petition for certiorari).

The Office of the Court Administrator (OCA) recommended dismissal of charges for gross ignorance and gross misconduct, but found Judge Luna guilty of conduct unbecoming of a judge and recommended admonition.
The Judicial Integrity Board (JIB) recommended re-docketing as a regular administrative case, finding Judge Luna guilty of gross misconduct and violations of Canons 2 and 4 of the New Code of Judicial Conduct, with penalties including fines.
The Supreme Court adopted the OCA recommendation—dismissing serious charges but finding Judge Luna guilty of conduct unbecoming of a judge.

Whether Judge Luna committed gross ignorance of the law in his rulings in Criminal Case No. 2016-0232.
Whether Judge Luna exhibited bias and partiality against Bloomberry and its private prosecutor in the conduct of the trial.
Whether Judge Luna committed gross misconduct in connection with his treatment of counsel and witnesses, including threatening contempt citations.
Whether Judge Luna’s use of intemperate and patronizing language amounted to conduct unbecoming of a judge.