Thursday, September 25, 2008

Judicial shock

In a per curiam decision in the very recent case of “RE: LETTER OF PRESIDING JUSTICE CONRADO M. VASQUEZ, JR. ON CA-G.R. SP NO. 103692 [Antonio Rosete, et al. v. Securities and Exchange Commission, et al.], A.M. No. 08-8-11-CA, September 9, 2008, the Philippine Supreme Court resolved as follows:


“(1) Associate Justice Vicente Q. Roxas is found guilty of multiple violations of the canons of the Code of Judicial Conduct, grave misconduct, dishonesty, undue interest and conduct prejudicial to the best interest of the service, and is DISMISSED from the service, with FORFEITURE of all benefits, except accrued leave credits if any, with prejudice to his re-employment in any branch or service of the government including government-owned and controlled corporations;

(2) Associate Justice Jose L. Sabio, Jr. is found guilty of simple misconduct and conduct unbecoming of a justice of the Court of Appeals and is SUSPENDED for two (2) months without pay, with a stern warning that a repetition of the same or similar acts will warrant a more severe penalty;

(3) Presiding Justice Conrado M. Vasquez, Jr. is SEVERELY REPRIMANDED for his failure to act promptly and decisively in order to avert the incidents that damaged the image of the Court of Appeals, with a stern warning that a repetition of the same or similar acts will warrant a more severe penalty;

(4) Associate Justice Bienvenido L. Reyes is found guilty of simple misconduct with mitigating circumstance and is REPRIMANDED, with a stern warning that a repetition of the same or similar acts will warrant a more severe penalty;

(5) Associate Justice Myrna Dimaranan-Vidal is found guilty of conduct unbecoming a Justice of the Court of Appeals and is ADMONISHED to be more circumspect in the discharge of her judicial duties.

(6) PCGG Chairman Camilo L. Sabio’s act to influence the judgment of a member of the Judiciary in a pending case is hereby referred to the Bar Confidant for appropriate action;

(7) Justice Jose L. Sabio, Jr.’s charge against Mr. Francis R. De Borja for attempted bribery of a member of the Judiciary is hereby referred to the Department of Justice for appropriate action.”



The doctrinal pronouncements in the decision are digested hereinbelow, for legal research purposes of the visitors of this blog, to wit:



X x x.

This is the first time a controversy of such a destabilizing magnitude has ever shocked the Philippine Court of Appeals. It resulted in a complete distrust of the Filipino people in the Philippine Judiciary, which is supposed to be the last hope of the Filipino people to restore decency and good governance in the country in the midst of endemic corruption and dishonesty in the Executive and Legislative branches of the Philippine Government since time immemorial.
The Judiciary, which is acclaimed as the firmest pillar of our democratic institutions, is vested by the Constitution with the power to settle disputes between parties and to determine their rights and obligations under the law. For judicial decisions, which form part of the law of the land, to be credible instruments in the peaceful and democratic resolution of conflicts, our courts must be perceived to be and, in fact be, impartial, independent, competent and just. To accomplish this end, it is imperative that members of the Judiciary from its highest magistrates to its humblest employees adhere to the strictest code of ethics and the highest standards of propriety and decorum. Indeed, it is unfortunate that one of the country’s second highest courts, the Court of Appeals, should be presently embroiled in scandal and controversy. It is this Court’s bounden duty to determine the culpability or innocence of the members of the Judiciary involved in the said controversy and to discipline any one whose conduct has failed to conform to the canons of judicial ethics, which uphold integrity, independence, impartiality, competence and propriety in the performance of official functions.

X x x.

Justice Roxas inexcusably failed to act on a number of motions of the parties prior to the promulgation of the Decision.

As found by the Panel of Investigators, several motions were not resolved or acted upon by Justice Roxas. These were enumerated in the Report as follows:

(a) The “Urgent Ex-Parte Motion to Defer Action on any Incident of the Petition Pending Resolution of Re-Raffle” filed by GSIS on May 29, 2008 soon after this case was filed on that date (Rollo, pp. 185-186).

b) GSIS’ “Urgent Ex-Parte Motion to Inhibit” Justice Roxas, which was filed on May 30, 2008. As the motion raised a prejudicial question, Justice Roxas should have resolved it before issuing the TRO sought by Meralco, but he never did (Rollo, pp. 220-223).

(c) GSIS’ Motion to Lift TRO which was filed on May 30, 2008 (Rollo, pp. 187-210)

(d) GSIS’ Motion filed on June 18, 2008, praying that it be allowed to use Power point at the hearing on June 23, 2008 . On June 20, 2008, the SEC filed a similar motion. Both motions were not acted upon by Justice Roxas (Rollo, pp. 593-621,)

(e) Meralco’s “Motion for Extension of Time to file their Consolidated Memorandum of Authorities and Reply to Repondent SEC’s Comment” filed on June 25, 2008 (Rollo, pp. 981- 987).

(f) Meralco’s “Urgent Motion for Honorable Justice Bienvenido L. Reyes to Assume Chairmanship of the Division in the Instant Case,” which was filed on July 10, 2008 (Rollo, pp. 1262-1274). (emphasis supplied)

We agree with the Panel of Investigators that “by ignoring or refusing to act on the motion for his inhibition, Justice Roxas violated Rule V, Section 3, third paragraph of the IRCA, which provides that he should resolve such motion in writing with copies furnished the other members of the Division, the Presiding Justice, the Raffle Committee, and the Division Clerk of Court.” The pertinent portion of the said provision states:


Sec. 3. Motion to Inhibit a Division or a Justice. – x x x

x x x


A motion for voluntary inhibition of a Justice shall be acted upon by him alone in writing, copy furnished the other members of the Division, the Presiding Justice, the Raffle Committee and the Division Clerk of Court.

This Court cannot agree with Justice Roxas’ proposition that the issuance of the TRO constitutes an implied denial of the motion to inhibit since under IRCA the obligation of the Justice to act on such a motion is mandatory.

Furthermore, the Court finds well-taken the Panel’s finding that “Justice Roxas’ failure to act on the other motions of the parties violated Canon 3, Rule 3.05 of the 1989 Code of Judicial Conduct (which applies in a suppletory manner to the New Code of Judicial Conduct for the Philippine Judiciary) providing that:


“Rule 3.05. – A judge shall dispose of the court’s business promptly and decide cases within the required periods.”


Even Section 5, Canon 6 of the New Code of Judicial Conduct mandates that “[j]udges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.” Thus, it has become well-settled in jurisprudence that even just undue delay in the resolving pending motions or incidents within the reglamentary period fixed by law is not excusable and constitutes gross inefficiency. With more reason, this Court finds suspicious and reprehensible the failure of Justice Roxas to act at all on pending motions and incidents in CA-G.R. SP No. 103692.

This is in fact not the first time that Justice Roxas has been cited administratively for failure to resolve pending incidents in cases assigned to him. In Orocio v. Roxas, A.M. Nos. 07-115-CA-J and CA-08-46-J, this Court imposed a P15,000 fine on Justice Roxas for unwarranted delay in resolving two motions for reconsideration in another case and sternly warned him that future commission any act of impropriety will be dealt with more severely.


Justice Roxas is guilty of gross dishonesty.


Apart from Justice Roxas’ inexcusable inaction on pending incidents in the Meralco case, the Panel of Investigators found that he had been dishonest and untruthful in relation to the said case. The Court adopts the following findings of the Panel:


2. Justice Roxas was dishonest and untruthful.

(a) Justice Roxas admitted that the “Transcript of Final Decision,” which is supposed to be a transcript of the deliberation on July 14, 2008 of the Eighth Division on the final decision in the Meralco case was not a true “transcript” of the minutes of the meeting, but purely a “transcript from memory” because no notes were taken, no stenographer was present, and no tape recorder was used. It was in fact a drama which he composed “from my recollection” to comply with Sec. 9, Rule VI of the IRCA which requires that “minutes of the meeting, i.e., deliberation, shall be kept.” The so-called “transcript” is a fabrication designed to deceive that there had been compliance – when actually there was none -- with the prerequisite of the IRCA that consultation and/or deliberation among the members of the Division must precede the drafting of a decision.

(b) The statement in the “transcript” that it was a “recap from our previous deliberations” was another falsehood because there had been no previous deliberations.

(c) The reference in the “transcript” to a “Final Report of Justice Roxas” was also false for Justice Roxas admittedly did not submit a “report” as ponente, as required by Sec. 9, Rule VI of the IRCA, for deliberation by the Eighth Division on July 14, 2008. The “Final Report” which he submitted was admittedly the decision itself which he and Justice Bruselas, Jr. had already signed. The “Final Report” was merely the title of the page that served as the cover of the decision. Hence, Justice B.L. Reyes’ supposed closing statement in the “transcript” that -- “We have covered every angle of the Final Report of Justice Roxas extensively” is also false. Justice B.L. Reyes testified at the investigation that he had not seen the “transcript” until the copy in the rollo was shown to him by Justice Callejo, Sr. during his cross-examination of Justice B. L. Reyes on August 26, 2008.

xxx xxx xxx

(e) Justice Roxas’ testimony that when he brought the Meralco decision to Justice Dimaranan-Vidal on July 8, 2008, it was only a draft for her to read, because she asked if she may read it, not for her to sign it, is completely false. This testimony was labelled by Justice Dimaranan-Vidal as a lie, and she called Justice Roxas a liar, because she did not ask to borrow the decision for her reading pleasure, but Justice Roxas personally brought it to her office for her to sign as a member of the Special Ninth Division. After poring over it the whole night, she signed it, as well as three (3) additional signature pages which were to be attached to three (3) other copies of the decision.


xxx xxx xxx


Indeed, the fabrications and falsehoods that Justice Roxas blithely proferred to the Panel in explanation/justification of his questioned handling of the Meralco case demonstrated that he lacks the qualification of integrity and honesty expected of a magistrate and a member of the appellate court.

Under Rule 140 of the Rules of Court, dishonesty is considered a serious offense that may warrant the penalty of dismissal from the service. Under the Rule IV, Section 52 of the Uniform Rules on Administrative Cases in the Civil Service, dishonesty is likewise considered a grave offense and warrants the penalty of dismissal even for the first offense. In the past, the Court has had the occasion to rule that:

…dishonesty and falsification are considered grave offenses warranting the penalty of dismissal from service upon the commission of the first offense. On numerous occasions, the Court did not hesitate to impose such extreme punishment on employees found guilty of these offenses.


Dishonesty, being in the nature of a grave offense, carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for re-employment in the government service. Dishonesty has no place in the judiciary.


Justice Roxas showed a lack of courtesy and respect for his colleagues in the Court of Appeals.


The Panel of Investigators reported on this matter in this wise:

xxx xxx xxx

(f) Justice Roxas was thoughtlessly disrespectful to a colleague and a lady at that, when he unceremoniously discarded, shredded, and burned the decision that Justice Dimaranan-Vidal had signed, because he allegedly forgot that Justice Dimaranan-Vidal and Justice Sabio, Jr. had already been “reorganized out” of the Special Ninth Division as of July 4, 2008, hence, out of the Meralco case. Out of courtesy, he should have explained to Justice Dimaranan-Vidal the reason why he was not promulgating the decision which she had signed.


The truth, it seems, is that Justice Roxas, who had consulted Justice Villarama, Jr. on which Division should decide the Meralco case, may have been convinced that it should be the Special Ninth Division. That is why he brought his decision to Justice Dimaranan-Vidal for her signature. However, somehow, somewhere, during the night, while Justice Dimaranan-Vidal was patiently poring over his decision, Justice Roxas was persuaded to bring his decision to the Eighth Division (to which he and Justice B.L. Reyes belong after the July 4, 2008 reorganization of the Court), it may have dawned on him that if the case remained in the Special Ninth Division, Justice Sabio, Jr. might dissent, requiring the Presiding Justice to constitute a special division of five. If he (Justice Roxas) should fail to obtain a majority of the Division on his side, he would lose his ponencia; someone else would become the ponente (perhaps Justice Sabio, Jr.). That may be the reason why he junked Justices Sabio, Jr. and Dimaranan-Vidal (even if the latter concurred with his decision) because he was unsure of Justice Sabio, Jr. He chose to cast his lot with his companions in the Eighth Division -- Justices B. L. Reyes and Bruselas, Jr. -- with whom he and Meralco were “comfortable”.


(g) J. Roxas was disrespectful to Presiding Justice Vasquez, Jr. whose ruling on his “Interpleader Petition” he sought on July 21, 2008, but he promulgated the Meralco decision two (2) days later, on July 23, 2008, without waiting for Presiding Justice Vasquez, Jr.’s ruling which came out on July 24, 2008, only three (3) days after the Interpleader Petition was filed by him, and two (2) days after Justice B.L. Reyes also reiterated in writing his request for Presiding Justice Vasquez, Jr. to resolve the same chairmanship issue raised in the Interpleader. Presiding Justice Vasquez, Jr. was embarrassed and humiliated by Justices B.L. Reyes’ and Roxas’ lack of courtesy and respect for his position as head of the Court.


xxx xxx xxx


There is an old adage which says to gain respect one must learn to give it. If judges and justices are expected to treat litigants, counsels and subordinates with respect and fairness, with more reason, that judges and justices should give their fellow magistrates the courtesy and professional regard due to them as their colleagues in the Judiciary. Thus, in Canon 5, Section 3 of the New Code of Judicial Conduct, judges are expected to “carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties.”


This Court cannot view lightly the discourteous manner that Justice Roxas, in his apparent haste to promulgate his decision in the Meralco case, treated his colleagues in the Court of Appeals. It behooves the Court to remind all magistrates that their high office demands compliance with the most exacting standards of propriety and decorum.


Justice Roxas’ questionable handling of the Meralco case demonstrates his undue interest therein.


In the Report, the Panel of Investigators observed that Justice Roxas in fact began drafting his decision even prior to the submission of the parties’ memoranda. As discussed in the Report:


xxx xxx xxx


(d) Although the parties were given 15 days after the hearing on June 23, 2008, or up to July 8, 2008, to simultaneously submit their memoranda and memoranda of authorities, and actually submitted:

On July 7, 2008 – GSIS’s 39 page- memorandum
On July 9, 2008 – SEC’s 62 page-memorandum
On July 10, 2008 – MERALCO’s 555 page- memorandum (by messenger) with memorandum of authorities


Justice Roxas prepared the decision before the parties had filed their memoranda in the case and submitted it to Justice Dimaranan-Vidal for her signature on July 8, 2008. His “rush to judgment” was indicative of “undue interest and unseemly haste,” according to J.Romero.


He cheated the parties’ counsel of the time, effort, and energy that they invested in the preparation of their ponderous memoranda which, as it turned out, neither he nor the other members of the Eighth Division bothered to read before signing his decision. He made a mockery of his own order for the parties to submit memoranda, and rendered their compliance a futile exercise.

xxx xxx xxx
(underscoring supplied)


We agree with Mme. Justice Romero’s observation that the “rush to judgment” (even before the filing of the parties’ memoranda) was indicative of Justice Roxas’ undue interest and unseemly haste, especially when taken together with other circumstances. This inexplicable haste in resolving the case on the merits is likewise apparent in Justice Roxas’ failure to resolve the several pending incidents and instead jumping ahead to deciding the case on the merits; his “rushing” of Justice Dimaranan-Vidal into signing his draft Decision on July 8, 2008 when the parties’ memoranda have not yet all been filed with the CA; his precipitate transfer of the case to the Eighth Division for promulgation of decision, without notice to Justice Dimaranan-Vidal of the Special Ninth Division who had already signed his draft Decision and despite the unresolved Chairmanship dispute between Justice Reyes and Justice Sabio which he (Justice Roxas) even submitted to the Presiding Justice for appropriate action, just a few days before the promulgation.


We reiterate here that as the visible representation of the law and justice, judges are expected to conduct themselves in a manner that would enhance respect and confidence of the people in the judicial system. The New Code of Judicial Conduct for the Philippine Judiciary mandates that judges must not only maintain their independence, integrity and impartiality; but they must also avoid any appearance of impropriety or partiality, which may erode the people’s faith in the judiciary. This standard applies not only to the decision itself, but also to the process by which the decision is made. This Court will not hesitate to sanction with the highest penalty magistrates who exhibit manifest undue interest in their assigned cases.

In sum, this Court finds that Justice Roxas’ multiple violations of the canons of the Code of Judicial Conduct constitute grave misconduct, compounded by dishonesty, undue interest and conduct prejudicial to the best interest of the service, which warrant his DISMISSAL from the service.



Findings regarding the conduct of Associate Justice Jose L. Sabio, Jr.


In the Report, the Panel found that Justice Sabio likewise committed improprieties in relation to the Meralco case.


The circumstances of the telephone call of Chairman Sabio to his brother Justice Sabio showed that Justice Sabio failed to uphold the standard of independence and propriety expected of him as a magistrate of the appellate court.


In his testimony before the Panel, Chairman Sabio admits that he called up Justice Sabio on May 30, 2008 from Davao City, in response to a resquest for help from a member of the Board of Trustees of Meralco. Notwithstanding the fact that Chairman Sabio called to relay to Justice Sabio the “rightness” of the GSIS’ cause and asked him “to help GSIS” and that Justice Sabio allegedly told his brother that he would act in accordance with his conscience, the same still constituted a violation of Canon 13 of the Code of Professional Responsibility for lawyers, which provides that:
“A lawyer shall x x x refrain from any impropriety which tends to influence, or gives the appearance of influencing the Court.”


As they were both members of the Bar, it is incomprehensible to this Court how the brothers can justify their improper conversation regarding the Meralco case. As the Panel observed in its Report:


Ironically, both of them found nothing wrong with brother Camilo’s effort to influence his younger brother’s action in the Meralco case, because both believe that our Filipino culture allows brother-to-brother conversation, even if the purpose of one is to influence the other, provided the latter does not agree to do something illegal.

For the Panel, Justice Sabio violated Sections 1, 4, and 5, Canon 1 of the New Code of Judicial Conduct for the Philippine Judiciary, which provide that –
Sec. 1. Judges shall exercise the judicial function independently x x x free from extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.


xxx xxx xxx


Sec. 4. Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

Sec. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.



In the Investigators’ mind, although Justice Sabio signed the TRO in favour of Meralco contrary to his brother’s advice, Justice Sabio’s “unusual interest in holding on to the Meralco case,” seemed to indicate that he may have been actually influenced by his brother “to help GSIS.” In arriving at this conclusion, the Panel noted the following circumstances: (1) Justice Sabio adamantly refused to yield the chairmanship of the Special Ninth Division although the regular chairman, Justice Reyes had returned to duty on June 10, 2008; and, (2) Justice Sabio officiously prepared and signed a resolution (a chore for the ponente Justice V. Roxas to perform), requiring the GSIS and the SEC to comment on Meralco’s “Motion for Justice B. Reyes to Assume the Chairmanship of the 9th Division,” which he probably intended to delay the decision on the preliminary injunction beyond the life of the TRO to the prejudice of Meralco and the advantage of the GSIS.


Based on the facts on record, the Court is wary of declaring that Justice Sabio had been influenced by his brother by speculating that he would have favored GSIS had he been a part of the division which rendered the decision in the Meralco case. However, we do find that it was improper for Justice Sabio to hold on to the chairmanship of the Ninth Division the despite the return of Justice Reyes, when Justice Sabio’s designation as acting chairman was clearly only for the duration of Justice Reyes’ leave of absence. We likewise note with disfavor his stubborn insistence on his own interpretation of the IRCA and hostile, dismissive attitude towards equally well-reasoned positions of his colleagues on the proper interpretation of their rules. Such conduct on the part of Justice Sabio did nothing to aid in the swift and amicable resolution of his dispute with Justice Reyes but rather fanned the flames of resentment between them. We deem this sort of behavior unbecoming for a magistrate of his stature.


Justice Sabio’s conversations with Mr. De Borja were improper and indiscreet.


On this matter, the Court accepts the following findings in the Report:


Knowing the nature of De Borja’s profession, Justice Sabio, Jr. should have been wary of the former. He should have foreseen that De Borja had the Meralco case on his mind when he called Justice Sabio, Jr. True enough, De Borja mentioned the Meralco case and congratulated Justice Sabio, Jr. for having signed the TRO in favour of Meralco.


But that was not the last time Justice Sabio, Jr. would hear from De Borja. A month later, after Justice Sabio, Jr. had presided at the hearing of Meralco’s prayer for preliminary injunction on June 23, 2008, and the case was ripening for decision or resolution, De Borja again called up Justice Sabio, Jr. and asked to meet him over dinner to “chit chat” about the Meralco case.


Instead of telling off De Borja that he could not, and would not, talk about the Meralco case, Justice Sabio, Jr. agreed to meet De Borja in the lobby-lounge of the Ateneo Law School after his evening class in Legal Ethics in said school.


Justice Sabio Jr.’s action of discussing the Meralco case with De Borja was highly inappropriate and indiscreet. First, in talks with his brother; the second time in conversation with De Borja, Justice Sabio, Jr. broke the shield of confidentiality that covers the disposition of cases in the Court in order to preserve and protect the integrity and independence of the Court itself. He ignored the injunction in Canon 1, Section 8 of the New Code of Judicial Conduct for the Philippine Judiciary that: “Judges shall exhibit and promote high standards of judicial conduct (and discretion) in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence.”

It was during that meeting with De Borja in the lobby-lounge of the Ateneo Law School, that De Borja allegedly offered him P10 million, in behalf of Meralco, to step out of the case and allow Justice Bienvenido Reyes to assume the chairmanship of the Special Ninth Division because Meralco was “not comfortable” with him (Justice Sabio, Jr.). He rejected the bribe offer because he “could not in conscience accept it.”

Justice Sabio, Jr. was allegedly shocked and insulted that De Borja would think that he (Justice Sabio, Jr.) could be bribed or bought. The Panel is, however, honestly perplexed why in spite of his outraged respectability, Justice Sabio, Jr. called up De Borja two (2) days later (on July 3, 2008), to tell De Borja to stop “pestering” him with his calls. The Panel is nonplussed because, normally, a person who has been insulted would never want to see, much less speak again, to the person who had disrespected him. He could have just shut off his cell phone to De Borja’s calls. De Borja denied that he reiterated his offer of P10 million to Justice Sabio, Jr. He denied saying that even if the case should go up to the Supreme Court, GSIS would still lose, hence, “saying lang yung P10 million; baka sisihin ka pa ng mga anak mo.” He testified that his reply to Justice Sabio, Jr.’s call was “deadma” or indifference. Justice Sabio, Jr. blamed that call of his to a “lapse in judgment” on his part.

Be that as it may, the Investigating Panel finds more credible Justice Sabio, Jr.’s story about De Borja’s P10 million-bribe-offer on behalf of Meralco, than De Borja’s denial that he made such an offer. Why does the Panel believe him, and not De Borja?

First, because Justice Sabio, Jr. verbally reported the rejected bribe offer to CA Presiding Justice Conrado M. Vasquez, Jr. the next day – a fact admitted by Presiding Justice Vasquez, Jr.

Second, even though Justice Sabio, Jr. did not mention the bribe-offeror’s name in both his verbal and written reports to Presiding Justice Vasquez, Jr., De Borja identified himself to the media as the person alluded to.

Third, De Borja’s allegation, that Justice Sabio, Jr. wanted P50 million, not P10 million, is not believable, for, if Justice Sabio, Jr. quoted P50 million as his price, he would not have reported the P10 million bribe offer to Presiding Justice Vasquez, Jr. He would have waited for Meralco’s reply to his counter-offer.
xxx xxx xxx

Indeed, the Court agrees with the Panel that the allegation of solicitation on the part of Justice Sabio is not credible. Nevertheless, the continued communications between Justice Sabio and Mr. De Borja even after the latter’s rejected bribery attempt is highly inappropriate and shows poor judgment on the part of Justice Sabio who should have acted in preservation of the dignity of his judicial office and the institution to which he belongs.

Premises considered, this Court is of the view that Justice Sabio’s indiscreet and imprudent conversations regarding the Meralco case with his brother and Mr. De Borja and his actuations in the chairmanship dispute with Justice Reyes constitute simple misconduct and conduct unbecoming of a justice of the Court of Appeals which warrant the penalty of two (2) months suspension without pay.

Findings regarding the conduct of Associate Justice Bienvenido L. Reyes.

As previously discussed, Justice Reyes appealed to Presiding Justice Vazquez in a letter dated July 22, 2008, reiterating his (Justice Reyes’) request that the Presiding Justice render an opinion which Division of the Court of Appeals – the Eighth Division with him as chairman, or the Special Ninth Division chaired by Justice Sabio should resolve the Meralco case. This was in conjunction with an Interpleader filed by Justice Roxas on the same issue with the Presiding Justice. Yet, despite the fact that the Presiding Justice informed Justices Reyes and Roxas that he would study the matter, Justices Reyes and Justice Roxas, together with Justice Bruselas, promulgated the decision in the Meralco case on July 23, 2008. Justice Reyes and Justice Roxas did not withdraw their request for a ruling nor did either of them advise the Presiding Justice beforehand of their intention to proceed with the resolution of the Meralco case. Thus, when the Presiding Justice issued his ruling on the chairmanship dispute on July 24, 2008, he was unaware of the promulgation of the Meralco decision on July 23, 2008, under the aegis of Justice Reyes’ Eighth Division. As found by the Panel, “Presiding Justice Vasquez, Jr. was completely taken aback when he learned about it on July 24, 2008, the same day that he issued his opinion on the chairmanship issue which by then had become functus oficio. He felt belittled and humiliated by the discourtesy of the two justices to him.”

It bears repeating here that under Canon 5, Section 3 of the New Code of Judicial Conduct, judges are mandated to show the appropriate consideration and respect for their colleagues in the Judiciary.

Thus, we adopt the finding of the Panel on this point and find Justice Reyes guilty of simple misconduct, which is mitigated by the fact that he repeatedly asked Presiding Justice Vasquez to act on his request to rule on the conflicting interpretation of the IRCA. However, Justice Reyes should be reprimanded for taking part in the decision of the subject case without awaiting the ruling of the Presiding Justice.

Findings regarding the conduct of Justice Myrna Dimaranan-Vidal

The Court finds well-taken and adopts the findings of the Panel of Investigators, to wit:

Justice Dimaranan-Vidal deviated from the IRCA when she allowed herself to be rushed by Justice Roxas to sign the Meralco decision on July 8, 2008, without reading the parties’ memoranda and without the deliberation among members of the Division required by the IRCA. She knew that the TRO would not expire until July 30, 2008 – some three (3) weeks away from July 8, 2008 – yet she allowed herself to believe Justice Roxas’ misrepresentation that signing the decision was urgent. Her compliance with certain dissembling practices of other justices of the Court, in violation of the IRCA, showed weakness and lack of independence on her part.

The following sections of Canon 1 of the Code of Judicial Conduct are instructive in this regard:

SEC. 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.

SEC. 2. In performing judicial duties, judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.

Allowing a fellow justice to induce her to deviate from established procedure constitutes conduct unbecoming a justice for which Justice Dimaranan-Vidal should be ADMONISHED to be more circumspect in the performance of her judicial duties.

Findings regarding the conduct of Presiding Justice Conrado M. Vasquez

It is the view of the Panel of Investigators that Presiding Justice Vasquez failed to provide the leadership expected of him as head of the Court of Appeals. The following quote from the Report summarizes the perceived lapses on the part of the Presiding Justice:

Clearly, Presiding Justice Vasquez, Jr. had been indecisive in dealing with the turmoil arising from the Meralco case. He vacillated and temporized on resolving the impasse between Justice Sabio, Jr. and Justice B. L. Reyes over the chairmanship of the Division that should hear and decide the Meralco case. He failed to take action on the reported bribe-offer by Meralco to J. Sabio, Jr. He hesitated to assert his leadership of the Court even when the parties repeatedly urged him to lay down the rule for them to follow. Was he hampered by the fact that he has relatives – two daughters – employed in the GSIS, and a sister who is a consultant thereof? He pleaded lack of authority. Was he not aware then, or did he discover too late, that under Section 11, Rule VIII of the IRCA, he is in fact authorized to act “on any matter” involving the Court and its members? That Rule provides:

Sec. 11. x xx the Presiding Justice or any one acting in his place is authorized to act on any matter not covered by these Rules. Such action shall, however, be reported to the Court en banc.

He should have convened the Court en banc as soon as the alleged bribery attempt on Justice Sabio, Jr. was reported to him, for it was an attempt to corrupt a member of the Court, calling for the “protection and preservation of the integrity of the judicial processes” of the Court, hence, an administrative matter cognizable by the Court en banc. Section 5 (c), Rule I of the IRCA, provides:

Sec. 5. Matters cognizable by the Court en banc.- The Court en banc
shall, inter alia:
(a) x x x
(b) Adopt uniform administrative measures, procedures, and policies for the protection and preservation of the integrity of the judicial processes, x x x.

Presiding Justice Vasquez admitted his “lapses in judgment.”

In the light of the foregoing observations of the Panel, this Court is of the view that much of the trouble now being faced by the Court of Appeals could have been averted by timely, judicious and decisive action on the part of the Presiding Justice. Certainly, this unpleasant and trying episode in failure to act in the early part of his tenure as Presiding Justice has indelibly impressed upon him what is required of him as leader of the second highest court in the land. Nevertheless, Presiding Justice Vasquez is hereby severely reprimanded for his failure to act promptly and decisively on the controversy as required of him by the IRCA.

Findings regarding other personalities involved in the Meralco case


Although the Presiding Justice in his letter dated August 1, 2008 only referred to this Court “the propriety of the actions of the Justices concerned” in the Meralco case, we cannot simply turn a blind eye to the facts brought to light during the investigation that relate to potential liabilities of other personalities in the Meralco case.

With respect to Chairman Sabio, this Court has the power to discipline members of the Bar and his attempt to influence a member of the Judiciary, his brother at that, should be referred to the Bar Confidant for appropriate action.

With respect to Mr. De Borja, the present investigation has given this Court reason to believe that Mr. De Borja may be criminally liable for his attempt to bribe a magistrate of the Court of Appeals. This matter should be referred to the Department of Justice for appropriate action.

Pursuant to Section 13, Article VIII of the Constitution, this per curiam decision was reached after deliberation of the Court en banc. At the outset, the offer of three (3) members of the Court to recuse themselves was denied by the Court. Except for two members of the Court who were allowed to inhibit themselves from the case, the Justices voted as follows: Twelve Justices voted for the dismissal from service of Associate Justice Vicente Q. Roxas and one (1) voted for his suspension from the service for six (6) months. Ten (10) Justices voted for two (2) month suspension from service without pay of Associate Justice Jose L. Sabio, one (1) voted for six-month suspension, one (1) for reprimand only as he should be credited for being a “whistle blower” and one (1) for his dismissal from the service. Eight (8) Justices voted to reprimand Associate Justice Bienvenido L. Reyes and five (5) for his suspension from the service for one (1) month. As to the rest, the voting was unanimous.