Case Digest (A.M. No. 06-9-545-RTC)
Facts:
Re: Conviction of Judge Adoracion G. Angeles, Regional Trial Court, Branch 121, Caloocan City in Criminal Case Nos. Q-97-69655 to 56 for Child Abuse, A.M. No. 06-9-545-RTC, January 31, 2008, Supreme Court Third Division, Nachura, J., writing for the Court.
On July 17, 2006 the Regional Trial Court, Branch 100, Quezon City rendered a decision convicting Judge Adoracion G. Angeles of violations of Republic Act No. 7610 (child abuse) in Criminal Case Nos. Q-97-69655–56; those criminal cases were taken on appeal to the Court of Appeals (docketed CA-G.R. CR No. 30260). On July 25, 2006 Senior State Prosecutor Emmanuel Y. Velasco (SSP Velasco) wrote to then Chief Justice Panganiban urging that the Court, in the public interest, motu proprio order the immediate suspension of Judge Angeles pending finality of the criminal cases.
Pursuant to that letter, the Office of the Court Administrator (OCA) submitted an administrative complaint recommending that Judge Angeles be indefinitely suspended pending the outcome of the administrative and criminal proceedings. By Resolution dated September 18, 2006, the Court’s Second Division approved the OCA recommendation and suspended respondent from performing her judicial functions pending final disposition of her criminal cases.
Respondent filed an urgent motion for reconsideration (Oct. 6, 2006), contending she had not been afforded due process because she had not received copies of SSP Velasco’s letter and the OCA complaint, and stressing that her criminal conviction was not yet final and that she retained the presumption of innocence. Despite a subsequent voluntary inhibition and other pleadings, an OCA judicial audit (report dated Jan. 3, 2007) showed that Judge Angeles had continued to hear and decide cases after receiving the suspension resolution.
Because of the due process defect in notification, the Court lifted the suspension in a February 19, 2007 Resolution and gave respondent ten days from receipt of the OCA complaint to file a comment. Respondent filed a Comment (March 14/15, 2007) denying bad faith, asserting lack of finality of the criminal conviction, and insisting the acts charged were unrelated to her judicial duties. The OCA, SSP Velasco and respondent filed multiple supplemental pleadings and motions, including SSP Velasco’s attempt to have respondent cited for contempt for allegedly degrading language and respondent’s motion to cite SSP Velasco for indirect contempt fo...(Subscriber-Only)
Issues:
- Whether there are grounds to cite Senior State Prosecutor Emmanuel Y. Velasco for indirect contempt of court.
- Whether there are grounds to preventively suspend Judge Adoracion G. Angeles pending resolution of the administrativ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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