CEBU, Philippines - After several suspensions, the Supreme Court en banc finally dismissed from service Judge Rosabella Tormis of the Municipal Trial Court in Cities (MTCC) Branch 4.
The Supreme Court found Tormis guilty of gross inefficiency, violation of SC rules, and gross ignorance of the law for her failure to decide on cases within the mandatory period.
Tormis was also found guilty of issuing a warrant of arrest "without first appraising the accused of the charge."
Aside from Tormis, the SC also dismissed MTCC Branch 4 clerk of court Reynaldo Teves from the service for two counts of simple neglect of duty.
"In view of his (Teves) past infractions, he is meted the supreme penalty of dismissal from the service," the SC decision reads.
Tormis and Teves were meted a penalty of forfeiture of all their benefits and privileges.
Their dismissal from service stemmed from a complaint filed by the Office of the Court Administrator (OCA).
The OCA Audit Team conducted a judicial audit at the MTCC Branch 4 and revealed that Tormis has 5,120 criminal and civil cases. She assumed office on June 22, 1999.
But the OCA Audit Team found out that Tormis has not promulgated 11 criminal cases despite the "lapse of considerable length of time."
It also found out that Tormis has two cases that remained undecided for about 10 years, and had 112 criminal and 83 civil cases that remained undecided beyond the reglamentary period of 90 days.
On March 18, 2009, Tormis was directed by the SC to act on cases that have not been promulgated and undecided. She was also ordered to explain the delay in her decision.
Teves was also directed to explain why he failed to conduct inventory of case records and why he failed to keep a general docket book.
Based on documents, Tormis was suspended for six months in 2005 for abuse of authority and in 2007 for dishonesty and grave misconduct.
On July 10, 2007, she was placed under preventive suspension for judicial audit on solemnization of marriages but the suspension was lifted on December 11, 2007.
In her reply, Tormis said she conducted an inventory of case records except those three periods in which she was suspended.
She claimed her suspension caused the delay in the disposition of cases.
She also said the parties of the case requested for time to negotiate.
She also denied allegation that she was not promulgating judgments in criminal cases.
For his part, Teves claimed that he did not maintain a general docket book because it was not provided by the court.
For non-promulgation of judgments, he said the rules were not applicable because most of their cases were resolved based on a compromise agreement, guilty plea, affidavit of desistance, among others.
The OCA report, however, revealed that the overdue cases were prior to Tormis' suspension.
Chief Justice ruling
In her 17-page decision, Chief Justice Maria Lourdes Sereno said Tormis cannot use her suspension as reason in the delay of the disposal of cases because she has a "solemn oath" to dispense justice.
She said the failure of Tormis to decide on cases within the reglementary period was tantamount to gross inefficiency.
The FREEMAN went to the office of Tormis to get her side but her staff said she already left. The FREEMAN also failed to get the side of Teves as he was on leave. — /LPM (FREEMAN)