Case Summary (A.M. No. RTJ-21-010)
Antecedents of the Case
The background of the case centers around criminal charges lodged against Ronnel Borromeo for raping Berso's daughter. These charges led to hearings conducted by Judge Rabe, where conflicting testimonies were heard, including testimonies from the victim and Borromeo. On June 1, 2016, Judge Rabe dismissed all three complaints due to lack of probable cause, a decision that was contested by the Office of the Solicitor General (OSG) through a petition for certiorari.
Court of Appeals' Decision
Subsequent to Judge Rabe's dismissal of the cases, the Court of Appeals (CA) found that Judge Rabe acted with grave abuse of discretion. This included conducting what was deemed a full trial during a probable cause hearing, and dismissing the case despite seemingly overwhelming evidence against Borromeo. The CA annulled Judge Rabe's orders, reinforcing that a judge must presume probable cause based on preliminary evidence, and not engage in full-blown trial proceedings during this stage.
Continued Refusals by Judge Rabe
Despite the finality of the CA's decision, Berso alleged that Judge Rabe continued to refuse to issue a warrant of arrest for Borromeo, and instead scheduled further hearings, which the prosecution opposed. Judge Rabe maintained that his discretion remained intact regarding the probable cause determination.
Allegations of Misconduct and Ignorance of the Law
Berso’s complaint against Judge Rabe included accusations of gross ignorance of the law and gross misconduct. The Office of the Court Administrator (OCA) conducted an inquiry and found Judge Rabe guilty of both gross misconduct and gross ignorance of the law, supporting these claims with evidence of procedural derailments and biases in his rulings.
Findings of the OCA and Recommendations
The OCA recommended that Judge Rabe be disciplined, suggesting his dismissal from the service with forfeiture of retirement benefits, along with fines for his infringing conduct. They cited his consistent deviation from judicial standards, particularly in his ongoing disregard for established guidelines relating to the issuance of warrants of arrest and probable cause determinations.
The Court's Ruling
Upon review, the Court upheld the OCA's finding of gross ignorance of the law, emphasizing that such ignorance constitutes a serious judicial offense. The Court noted that a judge is expected to apply the law competently and must not disregard procedural norms. Judge Rabe’s decisions not only exhibited gross ignorance but also demonstrated a lack of impartiality, as he seemed to favor Borromeo's defense over the prosecution.
Imposition of Penalties
The Court concluded that Judge Rabe
...continue readingCase Syllabus (A.M. No. RTJ-21-010)
Overview of the Case
- The case involves a Verified Complaint filed by Pacifico Berso, Jr. against Judge Alben C. Rabe, presiding over Branch 16 of the Regional Trial Court in Tabaco City, Albay.
- Judge Rabe faced allegations of gross misconduct and gross ignorance of the law in connection with Criminal Case Nos. T-6454, T-6455, and T-6456, which pertain to charges of rape against Ronnel Borromeo involving Berso's minor daughter.
- The complaint is based on Judge Rabe's actions during the judicial determination of probable cause which led to the dismissal of the criminal cases against Borromeo.
Antecedents of the Case
- Three separate informations were filed against Borromeo for the alleged rape of Berso's daughter.
- After Borromeo filed a Motion for Judicial Determination of Probable Cause, Judge Rabe conducted hearings that included testimonies from both the victim and Borromeo.
- On June 1, 2016, Judge Rabe dismissed the cases due to an alleged lack of probable cause, a decision that was subsequently challenged by the Office of the Solicitor General (OSG) before the Court of Appeals (CA).
Court of Appeals Decision
- The CA found that Judge Rabe acted with grave abuse of discretion in dismissing the cases, criticizing the judge for conducting a full-blown trial instead of a proper probable cause determination.
- The CA annulled Judge Rabe's order and remanded the case back to the trial court, affirming that overwhelming evidence supported the existence