Navarro v. Tormis : AM MTJ-00-1337 : April 27, 2004 : J.
Austria-Martinez : Second Division : Resolution
[A.M. NO. MTJ-00-1337.
April 27, 2004]
JUDGE DONATO SOTERO A. NAVARRO,
JUDGE ROSABELLA M. TORMIS,
R E S O L U T I O N
Complainant Judge Donato Sotero A. Navarro of MTCC, Cebu City, Branch
6, sent a letter dated September 15, 2000 to the Office of the Court
requesting for an opinion on the propriety of the alleged
conduct of respondent Executive Judge Rosabella M. Tormis, MTCC of Cebu City in
the following instances:chanroblesvirtua1awlibrary
1.Finding Criminal Case
No. 106436-R, entitled, People v. Comparativo, to be covered by the
Rule on Summary Procedure, Judge Tormis removed the Order of Commitment issued
by Judge Navarro1 from the records of the case and substituted it with her own order directing
the release of the accused;chanroblesvirtuallawlibrary
2.Judge Tormis uttered
derogatory remarks against Judge Navarro and his court, to wit:
for me, Branch 6 does not exist;chanroblesvirtuallawlibrary
3.Judge Tormis rendered an
opinion in a case pending before Judge Grace Orma E. Ypil, MTCC of Cebu City,
Branch 8, in violation of Rule 2.04 of Canon 2 of the Code of Judicial Ethics.
Upon recommendation of the OCA, the Court, in a Resolution dated
December 13, 2000,2 resolved to treat the letter as an administrative complaint against Judge Tormis,
directing Judge Navarro to have his letter verified and Judge Tormis to comment
Meanwhile, in a Motion dated 24 April 2001, Judge Navarro
informed the Court that Judge Tormis personally posted on the door of her
courtroom, a copy of the Courts Resolution dated 14 February 2001 which reads:chanroblesvirtua1awlibrary
Administrative Matter No. MTJ-00-1337 (Judge Donato Sotero A.
Navarro v. Executive Judge Rosabella M. Tormis) The manifestation of
compliance with the resolution of December 13, 2000 filed by Judge Donato
Sotero A. Navarro is NOTED.
Very truly yours,
Clerk of Court
Asst. Clerk of
First Division3 cralawred
with a handwritten note Please Read, to
call the attention of the lawyers and the public.A similar notice was also posted at the door of the office of
MTCC, Branch 8, which some court personnel removed, but another copy was again
For this reason, he asked the
Acting Clerk of Court Evelyn Bacalla to explain the matter but instead, the
latter handed to him another copy of the Resolution.
In a Resolution dated July 2001,4 the Court directed Evelyn Bacalla to desist from committing further acts which
may tend to unduly publicize the instant case, to immediately remove copies of
the notices posted on the doors, and to explain within ten days how these
notices came to be posted thereat.
Resolution dated September 10, 2001, the Court noted the compliance/explanation
of Evelyn Bacalla saying that she had no hand in or knowledge about the posting
of the papers.
In her Comment,5 respondent explains that:chanroblesvirtua1awlibrary
1.Anent Criminal Case No.
106436-R (People v. Comparativo) -
a) she never removed
nor substituted any order of Judge Navarro from the records since the latter
had not issued any order at all.
was in the records was an order issued by his Clerk of Court, Prospero M.
b) the said criminal
case was referred to her for raffle when the accused had already been in jail
for two days.
She admitted having ordered
the release of the accused considering the value of the article stolen was even
P52.45, and as such, fell within the coverage of the Rule on
2.If ever she made the
statement that MTCC, Branch 6, did not exist, this should not be taken
seriously as this can only be interpreted in the context of light banter and
did not at all place Branch 6 in disrepute.
3.As to the issue that she
rendered an opinion on a criminal case raffled to another sala -
a) as the Executive
Judge, she immediately conducted an investigation on Evelyn Bacalla.
In the process, she discovered grave
injustice committed against an urban poor family charged with illegal
squatting in Criminal Case No. 99796-12-R (People v. Garduque),
so she called
the attention of Presiding Judge Ypil, in a letter dated January 5, 2000,
regarding the legal and factual circumstances of the case which she believed
justified a dismissal of the case since the act complained of had already been
decriminalized by virtue of R.A. No. 7276.
intervention in said case is not only unethical but oppressively unjust, he
being the former private prosecutor of the case together with his mother,
retired Judge Exaltacion Navarro and that
according to some of his staff, complainant was angry at those whom he
perceived thwarted his entitlement to attorneys fees of not less that
should he successfully eject the accused from the premises.
c) this administrative
complaint is part of complainants obsession to compel her to relinquish her
position as Executive Judge and to fulfill his ambition to replace her as such.
In his Reply, complainant reiterated that respondent had been
making derogatory remarks about him both in print and on television which were
not only damaging to him and his family but also to the entire Judiciary.
Complainant asserts that the fact that the
order of commitment removed by respondent from the records of the case was
signed by the Clerk of Court is of no significance since it is likewise her
practice that her commitment orders are signed by her Clerk of Court Reynaldo
S. Teves; that he has not intervened in the case because his letter to Evelyn
Bacalla was dated 25 November 1999 when he was not yet a judge; and thereafter,
he refrained from pursuing the case to its conclusion.
As the matter involves members of the bench accusing each other
and finding that it cannot be resolved satisfactorily on the basis alone of the
documents submitted, the Court, upon recommendation of the OCA, issued a
Resolution dated December 9, 2002, referring the instant administrative matter
to Executive Judge Galicano C. Arriesgado, RTC, Cebu City for investigation,
report and recommendation.
retirement of Judge Arriesgado, the case was inherited by Executive Judge
Pampio A. Abarintos who formed a panel, composed of three members, namely:
himself, First Vice Executive Judge Isaias P. Dican and Second Vice
Executive Judge Simeon K. Dumdum, Jr., to continue with the investigation.
In their Report dated August 25, 2003, the Investigating Panel
submitted the following findings, portions of which are reproduced hereunder:chanroblesvirtua1awlibrary
The rift between the two judges started sometime immediately after
January 5, 2000 when then Acting Executive Judge Tormis issued a letter to
Judge Ypil (Annex I) in reply to the 1st Endorsement (Annex H)
of Judge Ypil (judge designate of MTCC 8 Cebu) on the letter-complaint of Atty.
Donato Navarro (now Judge Navarro) against Legal Researcher (then acting Branch
Clerk of Court MTCC 8 Cebu City) Evelyn Bacalla (now Branch Clerk of Court MTCC
8 Cebu City).
On (sic) November 1999, while Judge Donato Navarro was still a
practicing lawyer, he was the private prosecutor in the criminal case entitled
Pp v. Garduque, et al.
at MTCC Branch 8 Cebu City, involving the issue on professional squatters.
Atty. Navarro wrote a letter addressed to
the Branch Clerk of Court, MTCC Branch 8 Cebu City, asking for a written
explanation from Evelyn Bacalla why she set the Motion to Quash for hearing
without the authority of the Judge and when the accused had not yet been
Acting on the
letter-complaint of Atty. Navarro, Judge Ypil endorsed the same to the Office
of the Executive Judge.
now starts on the letter reply of Executive Judge Tormis, copy furnished to
Judge Navarro, as the latter was already appointed as Judge sometime on (sic)
Executive Judge Tormis, in reply to the 1st Endorsement,
stated that while there might have been a transgression committed by Evelyn
Bacalla with respect to some procedural matter, the motion to quash for hearing
without order from the judge, the same is not of such grave nature as would
necessitate such a drastic action.
addition, however, Executive Judge Tormis made a comment that the case ought to
be dismissed as the act complained of had already been decriminalized under
R.A. No. 8368.
This additional comment irked Judge Navarro.
As a result, he came barging into the office
of Judge Tormis, bringing along certain books on the matter, splashing the same
to the latters staff, saying:
your Judge, she does not know her law!.
Naturally, upon learning of said incident, Judge Tormis flared up
especially because it was only a month or two that Judge Navarro was appointed
Judge Navarro complains that Judge Tormis had been downgrading him
and his Court, stating the words:
me, Branch 6 does not exist!
of patching things up with the Executive Judge, who is supposed to be his superior,
on September 15, 2000, he sent a letter to then Hon. Court Administrator
Alfredo L. Benipayo entitled Request for an Opinion about the Propriety of
Certain Acts of the Executive Judge.
In turn, Executive Judge Tormis filed a Complaint against Judge Sotero
Navarro docketed as Adm. Matter No. 01-6-188 MTCC accusing him of his alleged
failure to timely dispose of the cases pending before his court and of his
wifes interference with the judicial functions of her husband and with the
duties of the court personnel.
Navarro then accused Judge Tormis to have expressed derogatory remarks against
him both in television and in print.
On the first issue:chanroblesvirtua1awlibrary
Acting in her capacity as Executive Judge, she carefully reviewed
the case involving theft of an Eskinol.
After careful scrutiny, she discovered that the amount involved was less
Since the case
falls under the Rules on Summary Procedure, Executive Judge Tormis ordered for
the release of the accused and had the case raffled... .
On the second issue:chanroblesvirtua1awlibrary
As testified by Executive Judge Tormis, she may have uttered those
words but the same were never meant to downgrade Branch 6, they were only made
in a light banter or in jest.
believes that while Executive Judge Tormis might have uttered the words, FOR
ME, BRANCH 6 DOES NOT EXIST! against Judge Navarros Court, the same was only
a result of the arrogance and demeaning words which Judge Navarro uttered
against her: TELL YOUR JUDGE, SHE DOES NOT KNOW HER LAW!
The panel finds it understandable to have
uttered those words especially because of the words previously uttered by
On the third issue:chanroblesvirtua1awlibrary
Judge Navarro insists that Executive Judge Tormis may have
committed acts of impropriety.
panel finds that Judge Tormis was just acting within her duties as Executive
Judge when she made a letter reply to the 1st Endorsement issued by
Based on the foregoing, the Investigating Panel recommends the
dismissal of the administrative complaint against Judge Tormis. Court Administrator
Presbitero J. Velasco, Jr., in his Memorandum dated January 20, 2004, agrees
with the findings and recommendation of the Investigating Panel.
The Court does not fully agree.
As to the first issue Respondent reviewed Criminal Case No.
106436-R when it was referred to her by the Clerk of Court of Branch 4, MTCC,
She testified that when the
record was forwarded to her, there was no previous order that was attached to
it so she had the impression she was acting on the case for the first time as
Executive Judge; that she even interviewed the representative of the
complainant who said that it only involves the amount of less than
and that in the exercise of her discretion, the case should be covered by the
Rules of Summary Procedure.6 When asked further by the Investigating Panel if it is true that she replaced
the commitment order which is attached to the record with her order, she
answered that she was not aware of it7 which is consistent with her assertion that she saw no previous order attached
to the records.
Complainant failed to
demonstrate that respondent had acted on this matter in bad faith or with
Anent the second issue Indeed, the Court agrees with the Investigating
Panel and Court Administrator that the alleged derogatory remarks uttered by
respondent against Branch 6, MTCC, Cebu City could have been uttered in a
sudden burst of emotion when complainant uttered demeaning words against her
and that her action was not intentional and in bad faith.
As to the third issue The act of respondent in giving an
opinion in a criminal case raffled to Judge Ypil was in response to an
indorsement made by the latter.
Respondent claims that she rendered an opinion because the case was
referred to her in her capacity as executive judge.However, a perusal of the said indorsement shows that Judge Ypil
merely referred to respondent the letter of complainant, filed when he was still
a practicing lawyer, seeking explanation why legal researcher Evelyn Bacalla
set the Motion to Quash for hearing despite the fact that the accused had not
been arrested and Judge Ypil had not issued a verbal or written order to set
the motion for hearing.8 Clearly, Judge Ypil did not seek the opinion of respondent about the merits of
the case, but the latter delved thereon and advised Judge Ypil, as follows:chanroblesvirtua1awlibrary
All the foregoing considered, the undersigned believes that it
would be a better part of your discretion if you order the dismissal of the
case, as the act complained of has been decriminalized under RA 8368.9 cralawred
Respondent may not have any ulterior
motive nor was there any showing that she was after monetary consideration
still it is beyond her authority to render such an opinion.
Wittingly or unwittingly, respondent
violated Rule 2.04, Canon 2 of the Code of Judicial Conduct, which provides:chanroblesvirtua1awlibrary
Rule 2.04 A judge shall refrain from influencing in any manner
the outcome of litigation or dispute pending before another court or
In the absence of any showing that respondents interference was
in bad faith or with malice and considering that this is the first time on
record that he committed such infraction of the Code of Judicial Conduct, a
mere reprimand is just and reasonable.
It is imperative that we call the attention of both complainant
and respondent judges regarding their unbecoming conduct.
It is very apparent that the rift between
them transcended the professional level to a personal one.
Worse, their fight was picked up by the
local media and for a while they were an item in the local newspapers.10 This is very unfortunate for it puts the judiciary in a bad light.
Certainly, when judges of the same court in
the same place fight, the image of the judiciary is impaired rather than
enhanced.11 Their positions as judges demand utmost caution and circumspection to avoid
poor public impression on the Judiciary.12 Magistracy is after all about character.13 It is incumbent upon them to so behave at all times as to promote public
confidence in the integrity and impartiality of the judiciary.
Being the dispensers of justice, judges
should not act in a way that would cast suspicion in order to preserve faith in
the administration of justice.
should avoid impropriety and the appearance of impropriety in all activities.14 cralawred
Judge Navarro and Judge Tormis should bear in mind that no
position is more demanding than a seat in the Bench.Occupying as they do, an exalted position in the administration
of justice, as judges, they must pay a high price for the honor bestowed upon
them.15 A judge must comport himself at all times in such a manner that his conduct,
can bear the most searching scrutiny of the public that looks up to him as the
epitome of integrity and justice.16 Public confidence in the judiciary is eroded by irresponsible or improper
conduct of judges.17 As the visible representation of law and justice, judges are expected to
conduct themselves in a manner that would enhance the respect and confidence of
our people in the judicial system.18 cralawred
Rosabelle M. Tormis is found guilty of improper conduct for trying to influence
the course of litigation in Criminal Case No. 99796-12.
Accordingly, Judge Tormis is hereby REPRIMANDED with a stern warning that
a repetition of the same will be dealt with more severely.
Both Judge Rosabelle M. Tormis and Judge Donato Sotero A. Navarro
are ADMONISHED for their
unbecoming conduct as dispensers of justice with a stern warning that a
repetition of the same shall be dealt with more severely.
Puno, (Chairman), Quisumbing, Callejo, Sr., and TINGA, JJ., concur.
Judge Navarros sala was designated as a bail court for persons arrested in
flagrante and in the custody of arresting officers, Rollo
, p. 4.
TSN, August 22, 2003, p. 10.
, pp. 148-151; 164- 166.
Boncaros, 60 SCRA
27, 31 (1974).
Association of Court Employees of Panabo, Davao vs
Tupas, 175 SCRA 292, 296 (1989).
Jaramillo, July 20,
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