Case Digest (A.M. No. MTJ-97-1120)
Facts:
National Bureau of Investigation v. Judge Ramon B. Reyes, A.M. No. MTJ-97-1120, February 21, 2000, the Supreme Court En Banc, Per Curiam. The complainant is the National Bureau of Investigation (NBI); the respondent is Judge Ramon B. Reyes, Presiding Judge of the Municipal Circuit Trial Court (MCTC), Mabini–Tingloy, Batangas.On November 12, 1996, barangay officials arrested Reynaldo Magday, Melvin Dalangin, Rex Cordero and Primo Evangelista for using methamphetamine chloride in Barangay Majuben, Mabini; they were charged under R.A. No. 6425 (Criminal Case No. 1817) before the MCTC presided by respondent. Beginning November 20, 1996 the mothers of three accused (Nenita Dalangin, Marina Cordero and Nelia Evangelista) allegedly approached respondent to seek their sons’ release; they claim respondent demanded P240,000, later reduced to P15,000, with meetings arranged for November 28 and then December 5, 1996.
On December 2, 1996 the three mothers reported the alleged extortion to the NBI. The NBI planned an entrapment: it prepared marked bills (P3,000) dusted with yellow fluorescent powder and assigned Intelligence Agent Josephine Cabardo to accompany the mothers and pose as lender. On December 5 the women, accompanied by Cabardo, met respondent in his chambers; per the NBI account the marked-enveloped money was placed on a rag mop above the latrine, respondent sent the women out, and after a prearranged signal NBI agents entered but could not initially find the envelope. Ultraviolet testing on respondent’s hands was negative; the mop handle bore fluorescent traces. Without a search warrant the agents took respondent to the NBI regional office; during questioning respondent allegedly admitted taking the envelope with a handkerchief and placing it in his desk. He returned to his chambers with the agents and opened his left-hand upper drawer; the envelope containing the marked bills was found and tested positive.
An Information charging respondent with violation of Section 3(e) of R.A. No. 3019 was filed in the Sandiganbayan on December 9, 1996. On January 20, 1997 the NBI referred the administrative aspect to the Supreme Court via the Office of the Court Administrator (OCA). Respondent tendered resignation (January 9, 1997), later sought temporary detail to the Judiciary Planning Development and Implementation Office, and later withdrew his resignation; he also contended in submissions that his rights under R.A. No. 7438, Sec. 2(b) were violated during custodial investigation.
By Resolution dated April 28, 1997 the Court referred the administrative complaint to Executive Judge Mario Lopez (RTC Batangas) for investigation, suspended respondent, and directed designation of an acting presiding judge; after Judge Lopez inhibited, the matter was referred to former Associate Justice Pedro A. Ramirez of the Court of Appeals. The Investigating Justice’s Report (August 12, 1998) disbelieved respondent, applied the presumption analogized to Section 3(k), Rule 131, Rules of Court regarding possession, and recommended dismissal from service with forfeiture of benefits, disqualification from re-employment and disbarment.
The Court issued interlocutory rulings: it required respondent to show cause why he should not be disbarred (April 20, 1999); imposed a fine of P2,000 for noncompliance (September 14, 1999); and denied his motion...(Subscriber-Only)
Issues:
- Was respondent’s alleged deprivation of rights under R.A. No. 7438 during custodial investigation a ground to exclude evidence or otherwise bar administrative action?
- Did respondent commit malfeasance (bribery) warranting dismissal from servic...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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