Tuesday, September 7, 2010

Romana Reyes vs. Julia A. Reyes, 600 SCRA, 345, 351

September 18, 2009
A case against the Metropolitan Trial Court Judge of Pasig City (Judge JR) who was found to be unfit to discharge her functions as a judge and also because of her carelessness and lack of circumspection in the use of the inherent power to punish for contempt.

The orders of Judge JR against RR betray not only her ignorance as regards the Rule on Contempt of Court but also its own capricious arrogance and despotic nature, the antithesis of an ideal arbiter. It betrays a flaw in her psychological makeup that disqualifies her from presiding in a court and dispensing justice.

The carelessness and lack of circumspection on the part of Judge JR in peremptorily ordering the arrest and detention of RR warrant the imposition of a penalty as a corrective measure so that she and others may be properly warned about carelessness in the application of the proper law and undue severity in ordering the detention of RR immediately and depriving her of the opportunity to seek recourse from higher courts against the summary penalty of imprisonment. The power to declare a person in contempt is inherent in all courts so as to preserve order in judicial proceedings and uphold the administration of justice. Judges however are enjoined to exercise such power judiciously and sparingly with utmost restraint and with the end in view of utilizing the same for correction and preservation of the dignity of the court and not for retaliation or vindication.

This is one reason why Judge JR are dismissed. Because the records in this case shows that after being suspended, she abandoned her office. She did this probably because she felt guilty and her action is not justifiable.

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