Case Summary (A.M. No. RTJ-16-2450)
Applicable Law
The decision is evaluated under the 1987 Philippine Constitution regarding judicial conduct and the Rules of Court, specifically focusing on conduct unbecoming of a judge as classified under Sections 10(1) and 11(C) of Rule 140.
Allegations of Misconduct
The complaint against Judge Barcillano stems from an incident where complainant PO1 Myra S. Marcelo alleged that she and PO1 Jovie Batacan experienced harassment and humiliation while on duty at the RTC. The allegations included Judge Barcillano's repeated insistence for PO1 Marcelo to switch seats, asking her improper personal questions, and inappropriate handling of her service firearm in front of her and other employees. The complaint was accompanied by supporting sworn statements and certifications detailing the incident.
Response from Judge Barcillano
In his written response, Judge Barcillano denied the allegations of misconduct, asserting that the complainant’s accusations were driven by a personal vendetta from Executive Judge Rosero due to prior disagreements between them. He admitted making certain comments but justified them as needing clarification instead of being derogatory.
Findings from the Investigating Justice
An investigation was conducted, during which testimonies were gathered and documented. The Investigating Justice found Judge Barcillano’s conduct inappropriate and unbecoming of a judge. The findings highlighted that his questioning and handling of PO1 Marcelo's firearm transgressed professional boundaries expected of judicial officers, revealing a lack of decorum.
Conclusion and Sanctions
The recommendation from the Investigating Justice concluded that while the conduct was unprofessional, it did not meet the threshold for grave misconduct. Therefore, Judge Barcillano was found guilty of conduct unbecoming a judge and subjected to a fine of P10,000 with a stern warning against future vi
...continue readingCase Syllabus (A.M. No. RTJ-16-2450)
Case Background
- The case arises from a complaint-affidavit filed by PO1 Myra S. Marcelo against Judge Ignacio C. Barcillano and Atty. Ernesto Lozano, Jr. for grave misconduct.
- The complaint was received by the Office of the Court Administrator (OCA) on September 25, 2014.
- The incident in question occurred on July 4, 2014, at the Ligao Regional Trial Court, where both complainant and her companion, PO1 Jovie Batacan, alleged harassment and humiliation.
Allegations of Misconduct
- PO1 Marcelo alleged that Judge Barcillano acted in concert with Atty. Lozano to harass her and belittle her position as a police officer.
- The complaint included several pieces of evidence such as sworn statements from PO1 Batacan and a third-party witness, Leonardo Rosero.
- Specific allegations included:
- Judge Barcillano demanding PO1 Marcelo to repeatedly switch her seat and sit next to him, leading to her embarrassment.
- Insults directed at PO1 Marcelo, including derogatory remarks about her rank.
- An incident where Judge Barcillano allegedly cocked PO1 Marcelo's firearm in public and asked for documentation related to it.
Reactions and Responses
- PO1 Batacan corroborated the allegations, stating she observed Judge Barcillano acting agg