Samson vs Judge Caballero

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Samson vs Judge Caballero
August 5, 2009
A.M. RTJ-08-3128

Facts:

This is an administrative complaint for dishonesty and falsification of a public document against respondent Judge Virgilio G. Caballero, Regional Trial Court (RTC), Branch 30, Cabanatuan City, Nueva Ecija.

Complainant Olga M. Samson alleged that respondent Judge Virgilio G. Caballero should not have been appointed to the judiciary for lack of the constitutional qualifications of proven competence, integrity, probity and independence, and for violating the Rules of the Judicial and Bar Council (JBC) which disqualifies from nomination any applicant for judgeship with a pending administrative case.

According to the complainant, respondent, during his JBC interviews, deliberately concealed the fact that he had pending administrative charges against him. She disclosed that, on behalf of Community Rural Bank of Guimba (Nueva Ecija), Inc., she had filed criminal and administrative charges for grave abuse of authority, conduct prejudicial to the best interest of the service and violation of Article 208 of the Revised Penal Code against respondent in the Office of the Ombudsman on July 23, 2003.

At that time a public prosecutor, respondent allegedly committed certain improprieties and exceeded his powers by overruling the Secretary of Justice in a reinvestigation he conducted.

Held:

On March 24, 2004, the Ombudsman dismissed the charges. It also denied the complainant’s motion for reconsideration. Thereafter, the complainant filed a petition for review on October 28, 2004 in the Court of Appeals (CA). In a decision dated November 25, 2005, the appellate court held that it could not take cognizance of the criminal charges against respondent on the ground that all appeals from the decisions of the Office of the Ombudsman pertaining to criminal cases should be taken to the Supreme Court by way of a petition for certiorari. As to the administrative aspect, the CA reversed and set aside the decision and joint order of the Ombudsman dismissing the charges against respondent. The CA then directed Ombudsman to file and prosecute the administrative charges against respondent.

However, in any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. (Emphasis supplied)

Before the Court approved this resolution, administrative and disbarment cases against members of the bar who were likewise members of the court were treated separately. However, pursuant to the new rule, an administrative case against a judge of a regular court based on grounds which are also grounds for the disciplinary action against members of the Bar shall be automatically considered as disciplinary proceedings against such judge as a member of the Bar.

The first step towards the successful implementation of the Court’s relentless drive to purge the judiciary of morally unfit members, officials and personnel necessitates the imposition of a rigid set of rules of conduct on judges. The Court is extraordinarily strict with judges because, being the visible representation of the law, they should set a good example to the bench, bar and students of the law. The standard of integrity imposed on them is – and should be – higher than that of the average person for it is their integrity that gives them the right to judge.
WHEREFORE, we find respondent Judge Virgilio G. Caballero of the Regional Trial Court, Branch 30, Cabanatuan City, GUILTY of dishonesty and falsification of an official document. He is ordered DISMISSED from the service, with forfeiture of all benefits and privileges, except accrued leave credits, if any, with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.

Respondent is likewise DISBARRED for violation of Canons 1 and 11 and Rules 1.01 and 10.01 of the Code of Professional Responsibility and his name STRICKEN from the Roll of Attorneys.