Oca v. Judge Floro

OCA v Judge Floro RTJ-99-1460 It was in 1995 that Att! Florentino "! Floro# Jr! $rst a%%lied &or 'udgeshi%! A %re-r %re-re(u e(uis isite ite %s)h %s)holo ologi) gi)al al evalua evaluatio tion n on hi* then then + the ,C Clini) Clini) revea revealed led .e/viden)e o& ego disintegration and develo%ing %s)hoti) %ro)ess! Judge Floro later voluntaril withdrew his a%%li)ation! In June 199# when he a%%lied anew# the re(uired %s)hologi)al evaluation e%osed %ro+le*s with sel&-estee*# *ood swings# )on&usio )on&usion# n# so)ial2i so)ial2inter% nter%erso ersonal nal de$)its# de$)its# %aranoid %aranoid ideation ideations# s# sus%i)io sus%i)iousne usness# ss# and %er)e%tual distortions! 3oth 1995 and 199 re%orts )on)luded that Att! Floro was un$t un$t to +e a 'udge 'udge!! 3ut +e)ause +e)ause o& his i*%ress i*%ressive ive a)ade* a)ade*i) i) stand standing ing## the J3C allowed Att! Floro to see a se)ond o%inion &ro* %rivate %ra)titioners! The se)ond o%inion a%%eared &avora+le thus %aving the wa to att! Floros a%%oint*ent as RTC  'udge! An ad*inistr ad*inistrative ative )o*%laint )o*%laint was $led against against hi* + )ourt )ourt ad*inist ad*inistrato ratorr Al&redo ! 3eni%ao! Then he re)o**ended as well that Judge Floro +e %la)ed under %reve %reventi ntive ve sus sus%en %ensio sion n &or the durati duration on o& the inves investig tigati ation on agains againstt hi*! hi*! In a Resolution dated 70 Jul 1999# the Court en +an) ado%ted the re)o**endations o&  the the OCA# OCA# do) do)et etin ing g the the )o*% )o*%la lain intt as A!8! A!8! o! o! RTJ-9 TJ-999-14 1460 60## in view view o& the the )o**ission o& the a)ts or o*issions as re%orted + the audit tea*! One o& those re%orted is &or his alleged %artialit in )ri*inal )ases where he de)lares that he is %ro-a))used whi)h is )ontrar to Canon 7# Rule 7!01# Canons o&   Judi)ial Condu)t or Canon : o& the ew Code o& Judi)ial Condu)t! The audit tea* re%orted that Judge Floro relaed to the *e*+ers thereo& that in )ri*inal )ases# he is alwas alwas %ro-a)) %ro-a))used used %arti)ul %arti)ularl arl )on)ern )on)erning ing detention detention %risoner %risoners s and +onded +onded a))used who have to )ontinuall %a &or the %re*iu*s on their +onds during the %enden) o& their )ases!  Judge Floro denies the &oregoing &oregoing )harge! ;e )lai*s that what he did i*%art u%on Att! 3uenaventura was the need &or the OCA to re*ed his %redi)a*ent o&  having 40 detention %risoners and other +onded a))used whose )ases )ould not +e tried due to the la) o& a %er*anent %rose)utor assigned to his sala! At an rate#  Judge Floro su+*its that there is no single eviden)e or %roo& su+*itted + an litigant or %rivate )o*%lainant that he sided with the a))used! Att! s Cler o& Court# on the other hand# )ategori)all stated under oath that Judge Floro# during a sta? *eeting# ad*itted to her and the sta? o& 3ran)h @: and in the %res %resen en)e )e o& his AO law lawer er that that he is %ro%ro-a) a))u )use sed d &or &or the the reaso eason n that that he )o**iserated with the* es%e)iall those under detention as he# hi*sel&# had +een a))used + his +rother and sister-in-law o& so *an un&ounded o?enses! IssueB 2n Judge Floro violated Canon : o& the ew Code o& Judi)ial Condu)t

;eldB Des! Canon 7!01 o& the Code o& Judi)ial Condu)t statesB A 'udge should so +ehave at all ti*es as to %ro*ote %u+li) )on$den)e in the integrit and i*%artialit o& the 'udi)iar! This *eans that a 'udge whose dut is to a%%l the law and dis%ense 'usti)e should not onl +e i*%artial# inde%endent and honest +ut should +e +elieved and %er)eived to +e i*%artial# inde%endent and honest as well! Judge Floro# + +road)asting to his sta? and the AO lawer that he is %ro-a))used# o%ened hi*sel& u% to sus%i)ion regarding his i*%artialit! ruden)e and 'udi)ial restraint di)tate that a 'udge should reserve %ersonal views and %redile)tions to hi*sel& so as not to stir u% sus%i)ions o& +ias and un&airness! Irres%onsi+le s%ee)h or i*%ro%er )ondu)t o& a 'udge erodes %u+li) )on$den)e in the 'udi)iar! On a *ore &unda*ental level# what is re(uired o& 'udges is o+'e)tivit i& an inde%endent 'udi)iar is to +e reali=ed! And + %ro&essing his +ias &or the a))used#  Judge Floro is guilt o& un+e)o*ing )ondu)t as his )a%a)it &or o+'e)tivit is %ut in serious dou+t# ne)essaril eroding the %u+li)>s trust in his a+ilit to render 'usti)e!