SC Dismisses Former ‘Subic Rape Case’ Judge, Two Others

Posted: March 6, 2009
By Jay B. Rempillo

The Supreme Court has dismissed for gross misconduct, gross ignorance of the law, and gross negligence and inefficiency the Presiding Judge of the Olongapo City, Zambales Regional Trial Court, Branch 73, who initially heard in Subic the rape case against the Lance Corporal Daniel Smith who had since been convicted by a Makati RTC, and the court stenographer assigned in the same sala for graft and corruption.
In a 28-page consolidated per curiam decision, the Court also ordered the forfeiture of all retirement benefits, excluding accrued leave benefits, and the perpetual disqualification from public office of Judge Renato J. Dilag and Court Stenographer III Concepcion A. Pascua. The case against Pascua was also referred to the Office of the Ombudsman for appropriate action.
The Court, adopting the findings of fact and recommendations of the Investigating Justice, dismissed the administrative charges of graft and corruption against Judge Dilag but found him guilty of serious charges under sec. 8 of Rule 140 of the Rules of Court, namely gross misconduct constituting violations of the Code of Judicial Conduct for signing conflicting decisions and gross ignorance of the law or procedure, as well as gross negligence or inefficiency for failing to administer proper supervision over his staff when a fake registry return receipt and entries of judgment were effected in separate cases. He was meted the maximum penalty of dismissal because he had already been administratively sanctioned in De Jesus v. Dilag wherein he was fined PhP30,000 also for gross ignorance of the law.
The charges against Dilag and Pascua stemmed from the complaint-affidavit of Court Stenographer Nilda Verginesa-Suarez, also assigned in the same court, who accused of them receiving money from litigants in exchange for favorable judgments in cases for annulment or declaration of nullity of marriage. Pascua purportedly receives the cash payment from the litigants. The Court noted that in view of the evidence on record, Pascua should be investigated for possible criminal liability for graft and corruption.
The Court dismissed for lack of merit the counter-administrative charges of falsification, negligence in the transcription of stenographic notes, and absence without official leave against Suarez who has since resigned.
In another per curiam decision, the Court dismissed Clerk of Court Jingkey Nolasco of the Municipal Trial Court of San Jose, Antique for misappropriating PhP625,175.29 from the MTC funds. Nolasco was directed to restitute the same amount representing the amount of shortages in her collections.
The Court also forfeited all her retirement and all other benefits, except accrued leave credits, and ordered her perpetual disqualification from holding any public office.
Further, the Court directed the Legal Office of the Office of the Court Administrator to initiate the filing of criminal charges against Nolasco and retired Judge Ma. Monina S. Misajon before the appropriate court or body. Nolasco, on separate occasions, withdrew the said amount following the instructions of Judge Misajon.
The Court said the Judge Misajon had the responsibility of seeing to it that Nolasco, as clerk of court, performed her duties and complied with circulars issued by the SC on the handling and safekeeping of court funds. (AM No. RTJ-06-2014, Suarez v. Judge Dilag; AM No. 06-07-415-RTC, OCA v. Judge Dilag; OCA v. Nolasco, March 4, 2009)