Case Summary (A.M. No. MTJ-98-1144, MTJ-98-1148)
Allegations and Complaints
The first complaint was filed on August 15, 1997, alleging various acts of sexual harassment by Judge de Asa, which prompted the Court to impose a preventive suspension effective December 10, 1997, while the investigation was conducted. Atty. Mona Lisa A. Buencamino subsequently filed her own complaint stating she too had been a victim of the judge's misconduct, which led to the consolidation of her case with those of the other complainants. The investigation involved testimonies from the complainants detailing the nature and extent of the alleged misconduct.
Complainants' Testimonies
Floride Dawa recounted an incident dated August 8, 1997, where she was allegedly kissed forcibly by Judge de Asa in his chamber after a brief conversation about the cleanliness of the ladies' restroom. Dawa expressed her shock and panic from the situation and subsequently confided in fellow court employees, including Judge Delfina Hernandez-Santiago. Noraliz Jorgensen testified about multiple unwanted advances, including being kissed and held against her will on three separate occasions, asserting that she feared for her safety. Femenina Lazaro-Barreto reported a similar instance during which she was kissed after reporting for duty, further affirming the pattern of abuse exhibited by the respondent.
Investigative Findings
The investigation, conducted by retired Justice Romulo S. Quimbo, concluded that the testimonies provided by the complainants were credible, consistent, and corroborated each other, leading to the identification of a pattern of sexual harassment. The complaints were also supported by witnesses, including Judge Santiago, who listened to the complainants shortly after the incidents occurred.
Respondent's Defense
In his defense, Judge de Asa vehemently denied the allegations, claiming they were concocted and motivated by malice, particularly from Atty. Buencamino, whom he accused of orchestrating the claims against him. He argued that no substantial evidence existed to support the claims of misconduct and presented witnesses who attested to his good character, reaffirming his dedication to his judicial responsibilities and adherence to duties.
Judicial Evaluation
In evaluating the evidence, the investigating justice observed that the respondent's defense did not effectively counter the testimonies of the complainants, and their accounts were deemed more compelling than the testimonies presented in support of Judge de A
...continue readingCase Syllabus (A.M. No. MTJ-98-1144, MTJ-98-1148)
Case Overview
- The case concerns allegations of sexual harassment and acts of lasciviousness against Judge Armando C. De Asa, who presided over Branch 51 of the Metropolitan Trial Court in Caloocan City.
- The complaint was initiated by Floride Dawa, Noraliz L. Jorgensen, and Femenina Lazaro-Barreto, who asserted that Judge De Asa engaged in inappropriate physical conduct towards them while in his chambers.
- The incidents led to a preventive suspension for Judge De Asa and an investigation by retired Justice Romulo S. Quimbo.
Initial Allegations and Preventive Measures
- The initial complaint was filed on August 15, 1997, by Dawa, Lazaro-Barreto, and Jorgensen.
- The Supreme Court placed the respondent judge under preventive suspension via a Resolution dated December 10, 1997.
- Atty. Mona Lisa A. Buencamino filed a separate complaint citing similar allegations of sexual harassment against Judge De Asa on September 5, 1997.
- The complaints were consolidated for investigation.
Detailed Testimonies of Complainants
Floride Y. Dawa:
- At 24 years old, she was a stenographic reporter in Branch 52.
- On August 8, 1997, after a brief exchange with Judge De Asa regarding the cleanliness of the ladies' restroom, he led her into his office, where he kissed her on the lips twice despite her resistance.
- Dawa felt shocked and distressed after the incident, which she later recounted to colleagues and Judge Delfina Hernandez-Santiago, the presiding judge of Branch 52.
Noraliz L. Jorgensen:
- A 28-year-old casual employee detailed to the Clerk of Court's office, she described multiple instances of harassment by Judge De Asa beginning in January 1997.
- She recounted being kissed and licked on the ear and pressured into silence du