14 Office of the Court Administrator vs Floro Jr

Office of the Court Administrator vs Floro Jr [Case Jr [Case Digest]  AM NO 99-7-273-RTC 99-7-273-RTC March 31, 2006 Facts:  

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Atty. Floro graduated in ALS ALS and placed 13th 13th in the 1983 1983 bar bar exams. exams. He applied for judgeship in 1995 and 1998. o In both both applications, he failed the psychological psychological exams. o But due to his impressive academic record, JBC JBC allowed allowed his appointed appointed after a favorable second opinion from private practicioners Upon Judge Floro’s request, OCA conducted an audit on his sala. The audit team recommended recommended that its report report be considered as an administrative administrative o complaint against Judge Floro and that he be subjected to an appropriate psychological psychological and mental exam.

Issue: (1) WON Judge Floro is guilty of simple misconduct and unbecoming conduct (2) WON Judge Floro is fit to be a judge Held: (1) YES. Simple Misconduct – Misconduct – circulates  circulates calling cards with his name as an RTC Judge, indicating that he is a bar topnotcher in 1983 bar exams with full second honors from Ateneo Law School o Before the start of the session, he is introduced with the the same qualifications qualifications o He violated Canon 2, Rule 2.02 2.02 of Code Code of Judicial Judicial Conduct because because there is no evidence of corrupt motivation, but of thirst of recognition Unbecoming Conduct o Judge Floro Floro is charged charged with with partiality partiality in criminal cases cases where he declared declared he is pro-accused He admitted admitted to Atty. Dizon Dizon and and her staff, including including the the PAO that he is proaccused bec his brother and sis-in law has been accused of so many unfounded offenses He is also also charged charged of openly openly criticizing the ROC and and the PH PH judicial system and o using highly improper language during court proceedings proceedings “Kabulukan ng hustisya”; “ROC has no use” “Luka“Luka-luka yang babaeng yan” against a witness 

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(2) NO! Judge Floro cannot remain as RTC Judge bec of the findings of mental impairment that renders him unable to perform the functions of his office. Judge Floro admitted that he believes in “psychic visions” of foreseeing the future bec of his power in “psychic phenomenon” phenomenon” He believes believes in dwendes and the power of his dwarf friends He has likened himself as an “angel of death” who can inflict pains on people. He wears blue robes during court sessions, only wearing black on Fridays to recharge his powers He conducts healing sessions during break time. 

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 As such he does not not meet the requirement requirement of objectivity objectivity and his competence competence for judicial judicial tasks leaves much to be desired. His belief system indubitably shows his inability to function with cold neutrality of an impartial judge.