A.M. No. RTJ-24-064 - Honorable Leo L. Intia vs. Honorable Erwin Virgilio P. Ferrer

On November 6, 2020, Presiding Judge Leo L. Intia of RTC Branch 27, Naga City, filed a letter-complaint against Executive Judge Erwin V. P. Ferrer (ret.) of RTC Branch 20, Naga City, alleging:

Ferrer coaxed Atty. Noe B. Botor to file a motion for Intia’s inhibition based on corruption allegations.
Ferrer maintained and engaged in an insurance business as agent/broker, violating ethics and circulars.
Ferrer violated Supreme Court circulars on prompt disposition of cases involving persons deprived of liberty (PDLs).

Intia attached as evidence: Ferrer’s lease contract and rent receipts for an insurance office in Daet, Camarines Norte; and an “Updated List of PDLs” showing 55 pending cases in Ferrer’s sala, with 15 detained over three years.

Ferrer denied instigation of Atty. Botor, explaining the inhibition motion stemmed from a 2006 incident corroborated by an assistant prosecutor’s affidavit; as Executive Judge, he only deferred raffle to contemplate forwarding the motion per Chief Justice directive.
He admitted ownership of an insurance business inherited from his father but stated he never solicited clients, did not manage daily operations (handled by a third party), and declared the interest in his SALN.
Ferrer refuted unbecoming conduct charges concerning court interpreter Valencia, Barangay Captain Rodriguez, and PO1 Jacob, asserting he merely enforced courtroom decorum; none filed direct complaints.
He asserted full compliance with case reporting and speedy disposition of PDL cases, with his clerk of court preparing semestral inventories and a subsequent OCA judicial audit finding no undue delay.

The Judicial Integrity Board’s Acting Executive Director (DCC Navarrete) recommended dismissal for lack of merit, finding no violation of the Code of Judicial Ethics and validating Ferrer’s compliance with reporting and docketing.
The JIB en banc recommended re-docketing, held Ferrer guilty of simple misconduct for owning an insurance business (violating Admin Circular No. 5), fined him ₱18,000, and dismissed other charges.
The Supreme Court adopted the JIB’s findings but imposed a higher fine of ₱35,000, deductible from Ferrer’s retirement benefits if unpaid within three months; all other charges were dismissed.

Did Judge Ferrer instigate Atty. Botor to file a motion against Judge Intia?
Did Judge Ferrer maintain or engage in a prohibited insurance business, violating Administrative Circular No. 5?
Did Judge Ferrer unduly delay disposition of PDL cases, contravening Supreme Court circulars and reporting rules?
Did Judge Ferrer commit unbecoming conduct by humiliating court personnel, a barangay captain, and a police officer?