Case Digest (A.M. No. RTJ-07-2038) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In A.M. No. RTJ-07-2038 (Formerly A.M. OCA IPI No. 05-2250-RTJ), also reported as 562 Phil. 633 (2007) En Banc, complainants Atty. Rowena V. Guanzon and Atty. Pearl R. Montesino of the Gender Watch Coalition, Assistant City Prosecutor Rosanna Saril-Toledano of Bacolod City, and Atty. Erfe del Castillo-Caldit filed a letter-complaint on February 11, 2005 against Judge Anastacio C. Rufon of the Regional Trial Court, Branch 52, Bacolod City. They charged him with violating the Code of Judicial Conduct, the Rule on Gender-Fair Language, using foul, obscene, and discriminatory language, discriminating against women lawyers and litigants, and committing unethical conduct. The respondent denied all allegations in his January 20, 2006 comment. Owing to the distance between Bacolod and Manila, only limited hearings were held before Justice Rebecca De Guia-Salvador of the Court of Appeals was designated to investigate and recommend. The parties submitted pleadings, affidavits—including on Case Digest (A.M. No. RTJ-07-2038) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Complaint
- Complainants: Atty. Rowena V. Guanzon, Atty. Pearl R. Montesino (Gender Watch Coalition), Asst. City Prosecutor Rosanna Saril-Toledano, and Atty. Erfe del Castillo-Caldito.
- Respondent: Judge Anastacio C. Rufon, Regional Trial Court, Branch 52, Bacolod City.
- Administrative Proceedings
- Complaint filed on February 11, 2005; respondent’s comment dated January 20, 2006.
- Case referred to Justice Rebecca De Guia-Salvador, Court of Appeals, for investigation; preliminary conference on July 13, 2006; resolution on pleadings and documents due to parties’ unavailability.
- Report and Recommendation submitted on March 5, 2007.
- Allegations of Misconduct
- Violation of the Code of Judicial Conduct and the Rule on Gender-Fair Language.
- Use of foul, obscene, and discriminatory language in open court.
- Discrimination against women lawyers and litigants; unethical conduct in granting bail.
- Evidence Presented
- Affidavit of Cynthia Bagtas-Serios recounting an intemperate remark—“next time you see your husband, open your arms and legs”—uttered in court.
- Respondent’s stenographic transcripts and orders; his admission of using “frank,” “strong and colorful” language when he has “had a drink or two.”
Issues:
- Whether Judge Rufon violated the Code of Judicial Conduct and the Rule on Gender-Fair Language.
- Whether the use of foul, obscene, and discriminatory language against women lawyers and litigants constitutes a breach of judicial decorum.
- Whether such conduct warrants administrative sanction under the Revised Rules of Court, Rule 140.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)