Title
Seludo vs. Fineza
Case
A.M. No. RTJ-04-1864
Decision Date
Dec 16, 2004
Judge Fineza fined P21,000 for using vulgar language during a hearing, violating judicial conduct, despite complaint withdrawal and retirement.
A

Case Summary (A.M. No. RTJ-04-1864)

Nature of the Complaint

Atty. Antonio D. Seludo filed a complaint against Judge Antonio J. Fineza on July 24, 2003, alleging that the judge had violated the Code of Judicial Conduct, specifically Canon 2, Rule 2.01. The complaint stemmed from an incident on June 28, 2003, where during a court hearing, the judge used derogatory and insulting language towards the complainant.

Incident Overview

During the July 8, 2003 hearing related to a notarial commission revocation, Judge Fineza's statements included derogatory references to Atty. Seludo's competence and character. Specific phrases such as "Putang-ina mo" (a vulgar insult) and "moronic attitude" were recorded, demonstrating a lack of judicial decorum expected from a magistrate. The judge’s tone and language throughout the proceedings raised serious concerns about his temperament and conduct.

Respondent's Defense

In his response dated September 8, 2003, Judge Fineza admitted to using derogatory remarks but attributed his behavior to health issues, specifically a heart ailment and diabetes. He claimed that these conditions caused anxiety and pain that impacted his ability to maintain composure. Furthermore, he suggested that Atty. Seludo's conduct in court provoked his outburst, indicating that he felt disrespected during the proceedings.

Withdrawal of the Complaint

On January 9, 2004, Atty. Seludo filed a Motion to Withdraw the Complaint, stating a lack of interest in pursuing the case since Judge Fineza had retired. However, the Court clarified that the complainant's withdrawal does not automatically result in the dismissal of administrative cases against judicial officers, emphasizing that the Court retains the authority to adjudicate such matters regardless of the complainant’s wishes.

Court Administrator's Evaluation

Court Administrator Presbitero Velasco evaluated the incident and highlighted that the respondent had ignored previous admonitions regarding his use of intemperate language. The report detailed the inappropriate language used by Judge Fineza, noting that his behavior constituted a serious breach of the Code of Judicial Conduct and reflected poorly on the judiciary.

Findings of Misconduct

Upon review, the Court found Judge Fineza guilty of gross misconduct due to repeated violations of the Code of Judicial Conduct. His derogatory and inflammatory language was characterized as unbecoming behavior for a magistrate, failing to uphold the dignity and respect expected from someone in his position. The Court noted this was not the first instance of misconduct for Judge Fineza, as he had previously been reprimanded for similar behavior.

Conclusion and Sanction

Given that Judge Fineza had retired, the Court determined that while suspension or dismissal was no longer feasible, a monetary fine was appropriate. The violation of the Code of Judicial Conduct warranted a fine of P20,000.00, to be deducted from his retirement benefits. This sanction aimed to uphold the integrity of the judiciary while acknowledging the respondent's prior conduct and the seriousness of the offense.

Key Legal

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