Prosecutor Reyes vs Judge

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Prosecutor Reyes vs Judge
A.M. No. MTJ-06-1623
September 18, 2009

Gross ignorance of the law. Judge Reyes is discharged from the service for gross ignorance of the law and conduct unbecoming of a judge.

Facts:

Five administrative cases against Judge Julia A. Reyes (Judge Reyes), Presiding Judge of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 69 and one administrative case which Judge Reyes filed against her Branch Clerk of Court Timoteo Migriño were consolidated and referred to Justice Romulo S. Quimbo, consultant of the Office of the Court Administrator (OCA), for investigation, report and recommendation, by this Court’s Resolutions of September 28, 2005 and December 12, 2007.

By letter-complaint of October 26, 2004, Assistant City Prosecutor Romana Reyes (Prosecutor Reyes), the public prosecutor assigned to Branch 69, charged Judge Reyes with grave abuse of authority and/or grave misconduct.

On October 1, 2004 at past 6:00 p.m., Prosecutor Reyes accidentally met Judge Reyes at the office of Police Inspector Jovita V. Icuin (Inspector Icuin), the Chief of the Criminal Investigation Branch of the Pasig City Police Station. Judge Reyes was there to inquire about her Branch Clerk of Court Timoteo Migriño (Migriño) who was earlier arrested for alleged violation of Presidential Decree No. 1602 or the Anti-Gambling Law. When Judge Reyes was informed that Migriño was already released on orders of Judge Jose Morallos, Judge Reyes asked Prosecutor Reyes to conduct an inquest against Migriño for malversation on the basis of a photocopy of an affidavit of a certain Ariel Nuestro, purportedly executed and sworn to before Judge Reyes on September 15, 2004.

Prosecutor Reyes informed Judge Reyes that the case of malversation may not necessarily fall under Section 5, Rule 113 of the Rules of Court on Arrest without Warrant and thus cannot be the subject of inquest. Prosecutor Reyes explained that inquest could not be conducted as it was already past 6:00 p.m. whereas inquest proceedings could be conducted only until 6:00 p.m. unless authorized by the City Prosecutor. She added that since the crime was allegedly committed in 2003, Migriño would have to undergo preliminary investigation.
On December 13, 2004, Prosecutor Reyes wrote another letter to the OCA charging Judge Reyes with Violation of the Code of Judicial Conduct, Knowingly Rendering an Unjust Judgment or Order, and Gross Ignorance of the Law or Procedure.