Title
Supreme Court
Office of the Court Administrator vs. Justalero
Case
A.M. No. RTJ-16-2424
Decision Date
Jan 18, 2023
Judge Justalero suspended for gross ignorance of law and misconduct due to procedural violations in nullity cases, unauthorized marriage solemnization, and improper notarization.

Case Summary (G.R. No. L-45510)

Administrative Background

Judge Justalero was appointed as the Assisting Judge of the RTC of Barotac Viejo pursuant to Administrative Order No. 12-2010 to oversee cases previously handled by Judge Daniel Antonio Gerardo S. Amular, alongside his responsibilities in Iloilo City. Newly filed cases in Barotac Viejo were assigned through a raffle system between him and Judge Rogelio Amador, with a designated ratio of 2:1 for Judge Justalero.

Judicial Audit Findings

A regular judicial audit initiated on April 10, 2015, revealed problematic issues within Judge Justalero’s handling of nullity of marriage cases during 2014 and 2015. The audit observed that multiple cases were resolved by Judge Justalero unusually quickly, raising concerns over procedural integrity. Specific irregularities included failure to adhere to requirements for notifying the Office of the Solicitor General, lack of collusion reports despite no responses from respondents, and issuing orders without proper documentation.

Further Investigative Actions

A more detailed investigation from August 10 to 14, 2015, confirmed previous findings that questioned the validity of Judge Justalero’s prompt decision-making, the absence of essential documentation, and irregularities in case management, including claims of immediate decision rendering on cases filed within just days.

Summary of Irregularities in Marriages and Notarization

The audit also flagged Judge Justalero's role in officiating marriages in Barotac Viejo. It was concluded that he lacked the administrative authority necessary for such duties. Irregularities included excessive numbers of marriages officiated, with instances of same-day registration of marriage licenses and notarization of affidavits of cohabitation without proper identification verification from affiants.

Office of the Court Administrator's Recommendations

In light of the findings, the Office of the Court Administrator recommended Judge Justalero’s preventive suspension, along with the revocation of his designation as Assisting Judge and the appointment of replacements to handle his caseload. Subsequently, the Court adopted these recommendations and suspended Judge Justalero in early 2016.

Judge Justalero's Explanations and Defense

Judge Justalero defended his actions by highlighting his diligence in managing cases, attributing some discrepancies to missing paperwork that he alleged were the responsibilities of court staff. He argued that his rapid case resolution aligned with judicial imperatives for expediency. Additionally, he claimed authority to solemnize marriages based on established practices and directives from superiors.

Ruling of the Court

Ultimately, the Court concluded that Judge Justalero’s actions constituted gross ignorance of the law and procedure due to his failure to comply with established judicial standards, as evidenced by the num

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