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SC raps ex-Makati judge for abuse of authority

abs-cbnNEWS.com | 07/03/2009 5:59 PM

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The Supreme Court imposed Friday a P40,000 fine on a retired Makati City Regional Trial Court for citing in contempt a driver who used the judge's parking space at the basement of the Makati City Hall in 2005.

In a 14-page decision penned by Justice Diosdado M. Peralta, the Court found guilty of abuse of authority Makati RTC Branch 135 Judge Francisco B. Ibay for citing complainant Valeriano F. Nuñez for contempt without legal basis.

Ibay availed of optional retirement on Aug. 18, 2007. The court said the fine would be deducted from the P400,000 withheld from Ibay's retirement benefits per a 2007 Court resolution.

On April 4, 2005, Judge Ibay summoned Nuñez, a driver at the Engineering Department of the Makati City Hall, to explain why he had occupied the parking space allotted him at the Makati City Hall.

Nuñez apologized to the judge and said he was unaware that the parking space was reserved. However, Ibay refused to accept Nuñez’s apology and found him guilty of direct contempt and sentenced him to five days in jail and fined him P1,000.

In his defense, Ibay said he has already placed a marker with his name at the space allotted to him and that he reports to work early in the morning to accomplish many tasks expected of him being the third-ranking judge for the year 2004 among the Makati City RTC judges. He admitted that there have been similar incidents in the past that he had cited in contempt persons for disrupting his performance of official duties.

Among those sanctioned by Judge Ibay are three persons who had caused an overflow of water into his chambers which resulted in the damage of his computer system; another driver who had also occupied his parking slot, and an electrician who had erroneously switched off the electrical outlets in his sala.

The Supreme Court also sanctioned Ibay in the complaints filed by these people whom he had earlier cited in contempt.

The High Court reiterated its ruling in Sison v. Caoibes, Jr. that the power to declare a person in contempt of court must be exercised judiciously and sparingly, adding that a judge should never allow himself to be moved by pride, prejudice, passion, or pettiness in the performance of his duties

It noted that by the time Nuñez filed his complaint, Judge Ibay has already cited six persons for contempt, including Nuñez, who was ordered immediately detained thus preventing him from resorting to remedies provided for in the Rules of Court.

“Such abusive behavior on the part of the respondent judge fails to show his integrity,” the court said.