For simple misconduct: Retired judge fined P100,000

CEBU, Philippines - A retired Cebu City judge was slapped with P100,000 fine by the Supreme Court after it found him guilty of simple misconduct.

The Supreme Court said former of the Regional Trial Court Branch 5 presiding judge Ireneo Lee Gako Jr. is guilty of simple misconduct for coaching the lawyer of a litigant of a civil case involving parcels of land purchased by the city government.

In an en banc resolution penned by Associate Justice Presbitero Velasco, the High Court said because of his repeated infractions and disregard of the Supreme Court warnings, Gako was ordered to pay a higher fine.

The rules only allow P20,000 as maximum penalty for retired judges found guilty of simple misconduct. 

“Since respondent has already retired, only a maximum fine of P20,000 can be imposed under said rule. Since he, however, had previously been adjudged guilty of and penalized for various infractions in more than a few cases, with repeated warnings of more severe sanction in case of repetition, a fine of P100,000 is appropriate,” the Supreme Court resolution read.

The fine will be taken from Gako’s withheld retirement benefits.

The case stemmed from a complaint for knowingly rendering unjust judgment, gross partiality and or gross ignorance filed by Corazon Tanjuatco in September 2004 in connection with a contract rescission case.

Tanjuatco’s father, Vicente S. del Rosario, and her brother, Pantaleon, co-owned eight parcels of land located in Alumnus, Basak-San Nicolas, Cebu City, with an area of 21,000 square meters.

The property was sold for P2,156,040 by Tanjuatco’s father and Pantaleon to Cebu City government for its abattoir project.

It was agreed that the purchase price was to be deposited and to remain in escrow with the Philippine National Bank until lot titles shall have been delivered to the city.

However, following the 1986 EDSA Revolution, city officer-in-charge John H. Osmeña unilaterally stopped the construction of the abattoir.

In May 1987, Tanjuatco’s father died, leaving behind his wife, Ceferina Urguiaga, and their eight children, as heirs.

 Later developments saw the heirs filing a petition for the partition of the land.

After several transfers, the case eventually landed in RTC Branch 5 presided by Gako.

In a decision dated May 28, 2004, the respondent rescinded the contract in question and awarded the whole purchase price as rentals to Pantaleon’s son, Vicente B. Del Rosario.

Tanjuatco questioned Gako’s conduct during the hearing of the rescission of contract because the judge acted as if he was the lawyer for Pantaleon.

It was Gako who allegedly advised Pantaleon to amend his petition and include the collection of rentals in his prayer. The petition was subsequently granted by Gako.

Tanjuatco filed a complaint against Gako before the Supreme Court which then referred the case to the Court of Appeals for investigation and recommendation.

Associate Justice Josefina Guevarra-Salonga found Gako guilty and recommended for dismissal from service.

The Supreme Court, however, did not agree to the recommendation of Salonga on the ground that it did not have evidence to prove that Gako “perverted his office for some financial benefits or for consideration less than honest.”

But the Supreme Court ruled that Gako did not conduct himself with partiality, which is required under the Code of Judicial Conduct, when he suggested to the counsel of one of the complainants in the civil case pending before his court to amend his complaint and include a claim for rentals. 

“This to us is improper and at least constitutes simple misconduct,” the Supreme Court said.

Since his retirement in September 20, 2006, Gako have been repeatedly fined by the Supreme Court.

In May and October last year, he was also fined a total of P80,000 over his delayed decision on a civil case involving Cebu City government, and for acting on petitions for voluntary drug rehabilitation without authority. — /LPM   (THE FREEMAN)