SC allows judge to give new proof in her defense

The Supreme Court has decided to allow Municipal Trial Court in Cities judge Rosabella Tormis to present additional documents to disprove the allegations she committed gross misconduct for personally accepting the cash bail bond for an accused of a case pending before her court.

Tormis, presiding judge of MTCC Branch 4 based in the Palace of Justice building in Cebu City, was suspended for six months without pay based on the SC resolution dated last September 20.

After Tormis received the copy of that resolution suspending her from the service, she did not report anymore to the court. But on October 3, Tormis filed before the SC a memorandum/supplement to the manifestation explaining the details for seeking a reinvestigation.

Tormis told the SC that even before she received the official copy of the resolution of her case, the SC decision that convicted her of the charges filed against her, The Freeman already published it.

Tormis argued that the decision of her case is still not final because on September 28 or five days after her suspension was published, she received the SC resolution dated August 3, 2005 requiring her and her complainant to manifest within five days from notice if they were willing to submit the case for resolution based on the pleadings filed.

The SC records showed that on September 14, the High Tribunal had issued a resolution where it was resolved to re-docket the case as a regular administrative case and to dispense with the manifestations of both parties and submitting the case for resolution based on the existing pleadings.

Justice Consuelo Santiago, who penned the resolution that was concurred with by the members of the SC special first division, said: "Owing to the foregoing confluence of events aggravated by the delay in our postal system, the SC is inclined to grant the request of the respondent judge."

The SC ruled that the essence of due process in administrative proceedings is the opportunity to explain one's side or seek a reconsideration of the action or ruling complained of.

The SC ordered that the records of the case would be remanded to the office of Regional Trial Court (RTC) executive judge Simeon Dumdum Jr. for further proceedings.

Tormis' case stemmed from the complaint of one Trinidad Lachica and it was Dumdum who first investigated it where he recommended that Tormis be fined P20,000 or suspended for three months for personally accepting the bail bond of an accused.

The rule is that the bail bond is to be paid only to the municipal, city or provincial treasurer and that the judges are prohibited from accepting such cash bail bond. -Rene U. Borromeo