Disturbing aberrations besetting the Bench - I

The "above reproach and beyond suspicion" idealistic analogy of Caesar's wife, finds no better or stricter application than to the moral integrity required of the magistrates of the Bench.

And the need for analytical mind and IQ perspicacity borne out by academic records and by in-service seminar exams - though not of the MENSA norms, but not merely average or just a cut above mediocrity - has to be met as well for those dispensers of justice.

But as long as political patronage appears to crown over everything else for appointment and/or promotion, so long as well that Themis, Greek goddess of justice, suffers from the boners, inadequacies, or flaws of some of her jural disciples.

There is no more appalling moral shame for a judge than being found guilty of dishonesty. Likewise, there is no worse mental put down than being censured for gross ignorance of the law. These are disciplinary sanctions most dreaded by any presiding judge.

However, there are other common disturbing aberrations in the dispensation of justice that jar society's sensibilities, that is, ranged against the theoretical gauge of Themis being the personification of justice, fairness, and righteousness. And, supposedly, can do no wrong!

Some years back, for instance, an RTC judge was dismissed for prancing proud in public with his "inamorata" before his chief, no less. Another got ousted for graft and corruption. Still another was dismissed for gross negligence in failing to decide about a hundred cases long submitted for judgment and to resolve pending peremptory, or even incidental motions. Further still, a bench colleague once got promoted despite a hundred cases undecided and, when so promoted, he also was allowed to retire later despite many cases unresolved.

And then, one other judge was admonished also for accumulation of undecided cases for judgment. With the SC mandate to attend to decision-making, his colleagues bore additional burden of cases that would otherwise have been raffled to the laggard.

One other amusing incident concerned a judge of a neighboring province who was recently censured for making his court chambers as sleeping quarters for him and his wife… More titillating to one's curiosity are more recent newsbits involving the Bench hereabouts...

One concerns an amiable appellate magistrate erringly imputed with graft, or at least, impropriety for employing his wife and other family members in his office. He's right that such family employment, with co-terminus tenure to his, is allowed among the SC and CA justices, requiring private confidentiality to cleanse it from nepotism. Laymen though, hardly make out where goes "delicadeza" or propriety, albeit others understand the score.

What's provoking was the intimation of a former IBP president that in that appellate level, ugly hints on TROs circulated and, as allegedly echoed by three RTC judges… One doesn't take such talks hook, line, and sinker, but only a canard from losing parties… Quite lately, TF bannered: "NBI files raps vs RTC judge "for purported ignorance of the law in a case exclusively within the jurisdiction of an administrative bureau, and not of said court". What seemed in askance was, after divesting the court further cognizance of the case, the judge thereafter issued a writ of execution to return the seized vehicles. The NBI exclaimed that the court's actuation "amounted to bad faith". So what really gives?

Coincidentally, said judge happens to be an aspirant for the appellate court. This drew some smirks from both public lawyers and private practitioners, that if records and performance be reckoned with for promotion, he may find a hard time, considering a prior administrative one-year suspension without pay, and a P50,000 fine sanction. (to be continued)