Title
Casar vs. Soluren
Case
A.M. No. RTJ-12-2333
Decision Date
Oct 22, 2012
Judge Soluren violated OCA Circular No. 03-2010 by conducting unauthorized jail visits, soliciting inmate signatures to influence a case, undermining judicial integrity; fined P10,000.
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Case Digest (A.M. No. RTJ-12-2333)

Facts:

  1. Parties Involved:

    • Complainants: Prosecutors Hydierabad A. Casar, Jonald E. Hernandez, Dante P. Sindac, and Atty. Jobert D. Reyes of the Public Attorney’s Office, Baler, Aurora.
    • Respondent: Judge Corazon D. Soluren, Presiding Judge of the Regional Trial Court (RTC), Branch 96, Baler, Aurora.
  2. Incident Details:

    • On June 20, 22, and July 19, 2011, Judge Soluren visited the Aurora Provincial Jail and conferred with inmates, including those with pending cases in her court.
    • These visits were in violation of OCA Circular No. 03-2010, which suspended jail visitations by judges pending a re-examination of the rules.
  3. Purpose of Visits:

    • Complainants alleged that Judge Soluren’s purpose was to persuade inmates to sign a letter addressed to then Chief Justice Renato C. Corona.
    • The letter sought the dismissal of an administrative complaint filed against Judge Soluren by Atty. Juliet M. Isidro-Reyes and the removal of Judge Evelyn Atienza-Turla.
  4. Evidence Presented:

    • A certification from the Prison Guard Administrator confirming Judge Soluren’s unauthorized visits.
    • An affidavit from Dolores P. Sollano, who accompanied Judge Soluren during the visits.
    • A handwritten letter from the inmates stating they were unaware of the letter’s implications and wished to withdraw their signatures.
  5. Judge Soluren’s Defense:

    • She admitted to visiting the jail but claimed these were not official visitations as they were conducted without her staff and without compliance with Supreme Court orders.

Issue:

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Ruling:

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Ratio:

  1. Violation of Ethical Standards:

    • Judges are expected to avoid not only impropriety but also the appearance of impropriety. Judge Soluren’s actions, particularly her solicitation of signatures from inmates with pending cases in her court, created an appearance of bias and prejudice.
  2. Breach of OCA Circular No. 03-2010:

    • Her unauthorized jail visits violated the Supreme Court’s directive suspending such activities pending a review of the rules.
  3. Damage to Public Confidence:

    • The Court emphasized that the appearance of bias or prejudice can be as damaging as actual bias to the public’s trust in the judiciary.
  4. Mitigating Factor:

    • The Court considered her compulsory retirement on January 29, 2012, and imposed a fine instead of a harsher penalty.


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