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REPUBLIC of the PHILIPPINES Office of the Court Administrator SUPREME COURT - En Banc - M a N I L A REPUBLIC OF THE PHILIPPINES Office of the Court Administrator SUPREME COURT - En Banc - M A N I L A Judge Florentino V. Floro, Jr., (123 Dahlia, Alido, Bulihan, Malolos, 3000 Bulacan) Complainant, - versus - A.M. OCA IPI No. ______________ For: Gross misconduct, gross ignorance of the law, manifest undue interest, violations of the Codes of Judicial Conduct (Rule 2.04, inter alia) and Professional Responsibility, Disbarment, etc. Associate Justice Bienvenido L. Reyes, Associate Justice Apolinario D. Bruselas, Associate Justice Jose L. Sabio, Jr., Associate Justice Myrna Dimaranan-Vidal, Associate Justice Vicente Q. Roxas, Presiding Justice Conrado M. Vasquez, Jr., Associate Justice Martin Villarama and Associate Justice Edgardo Cruz , and “Jane Doe” & Sarah Doe” (Lawyers, daughters of Associate Justice Jose L. Sabio, Jr.), (Court of Appeals, Maria Orosa, Ermita, Manila) Respondents. X------------------------------------------------------------------------------------------------------------X Amended / Supplemental Verified Complaint – Letter-Affidavit [Under Rules 140, 138 & 139-B, Revised Rules of Court, Codes of Judicial Conduct & Professional Responsibility, inter alia] – and – Verified Motion For Leave To Intervene & Petition-in-Intervention In: "A.M. No. 08-8-11-C, August 4, 2008 - Re: Letter of Presiding Justice Conrado M. Vasquez, Jr. re: CA-G.R. SP No. 103692 ("Antonio Rosete, et. al vs. SEC, et al.)" – With - Urgent Omnibus Motions I. For Preventive Suspension, Immediate Docketing and Early Resolution, and II. To appoint a Special Prosecutor, in accordance with “EN BANC, A.M. No. 00-7-09-CA, March 27, 2001, IN RE: DEROGATORY NEWS ITEMS, JUSTICE DEMETRIO G. DEMETRIA.” Chief Justice Reynato S. Puno, S.C. Associate Justice Leonardo A. Quisumbing, and the MEMBERS, En Banc, Supreme Court, and The (Acting) Court Administrator, Supreme Court, Padre Faura, Manila & Mme. Justice Carolina Griño-Aquino, Chairperson, 59-D Tuason St., Sta. Mesa Heights, Quezon City, M.M., Mme. Justice Flerida Ruth P. Romero, Member and 11 Champaca St., Tahanan Village, Paranaque City, 1700, M.M., Mr. Justice Romeo Callejo, Jr., Member 9 Ruego St., BF Homes, Commonwealth Ave., Quezon City, 1121, M.M. Your Honors, I, the undersigned petitioner / complainant, Judge Florentino V. Floro, Jr., under oath, by MYSELF and for MYSELF, as litigant / complainant in this case, as concerned citizen, and taxpayer, inter alia, AND WITH LEAVE OF COURT, most respectfully depose and say, that: Prefatory The Darkest Hour in the Court of Appeals’ History http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080803-152292/Salonga-CA- corruption-expos-good-for-reforms Salonga: CA corruption exposé good for reforms By Norman Bordadora Philippine Daily Inquirer 00:41:00 08/03/2008 FORMER SENATE PRESIDENT JOVITO Salonga on Saturday confirmed the purported corruption in the Court of Appeals and said reforms were urgently needed. “It is true that there is bribery in the appellate court,” the 88-year-old founder of the judiciary watchdog group Bantay Katarungan told the Inquirer. “It should be stopped. The bribery should be exposed. It should be the beginning of legal reforms in our system of justice.” Preventive suspension On Friday, a former Malabon City Judge asked the Supreme Court to order the preventive suspension of all appellate court justices involved in the Meralco vs GSIS case. In a “verified complaint-letter affidavit,” RTC Judge Florentino Floro Jr. said these justices should be investigated for gross misconduct, gross ignorance of the law, manifest undue interest and violations of the Codes of Judicial Conduct and of Professional Responsibility, among others. Floro said the high court should once and for all “cleanse the entire Court of Appeals.” “The undersigned, in his conscience, knocks at the doors of this court, because of the shocking events which rocked the very foundations of our entire judicial system: CA justices accusing each other, not in courts, but in the media. This is too much. This is the darkest hour of the CA since its creation,” he said. Floro named as respondents in the case Sabio and Associate Justices Bienvenido Reyes, Apolinario Bruselas, Myrna Dimaranan-Vidal and Vicente Roxas, as well as CA Presiding Justice Conrado Vasquez Jr. He said the high court should appoint one of its retired associate justices as an independent investigator and a special prosecutor to look into the matter. Headline maker Floro himself made headlines when he was ordered dismissed from the judiciary in 2006 by the Supreme Court. The high court declared him mentally unfit after he admitted to having “psychic visions,” having dwarfs as friends and being an “angel of death” who could inflict pain on people, especially those he perceived to be corrupt. Undeterred, Floro filed cases against judiciary 2 officials he claimed to have violated the law. In April 2007, he filed administrative charges against what he called the CA’s “Dirty Dozen,” whom he accused of corruption. He said those found guilty should be dismissed from government service and disbarred. http://www.lawphil.net/judjuris/juri2001/mar2001/am_00-7-09-ca_2001.html “EN BANC, A.M. No. 00-7-09-CA, March 27, 2001, IN RE: DEROGATORY NEWS ITEMS CHARGING COURT OF APPEALS ASSOCIATE JUSTICE DEMETRIO DEMETRIA WITH INTERFERENCE ON BEHALF OF A SUSPECTED DRUG QUEEN: COURT OF APPEALS ASSOCIATE JUSTICE DEMETRIO G. DEMETRIA. PER CURIAM: "Men and women of the courts must conduct themselves with honor, probity, fairness, prudence and discretion. Magistrates of justice must always be fair and impartial. They should avoid not only acts of impropriety, but all appearances of impropriety. Their influence in society must be consciously and conscientiously exercised with utmost prudence and discretion. For, theirs is the assigned role of preserving the independence, impartiality and integrity of the Judiciary. (Rule 2.04, Code of Judicial Conduct). The Code of Judicial Conduct mandates a judge to "refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency." The slightest form of interference cannot be countenanced. Once a judge uses his influence to derail or interfere in the regular course of a legal or judicial proceeding for the benefit of one or any of the parties therein, public confidence in the judicial system is diminished, if not totally eroded. Such is this administrative charge triggered by newspaper accounts which appeared on the 21 July 2000 issues of The Manila Standard, The Manila Times, Malaya, The Philippine Daily Inquirer and Today. The national dailies collectively reported that Court of Appeals Associate Justice Demetrio G. Demetria tried to intercede on behalf of suspected Chinese drug queen Yu Yuk Lai, alias Sze Yuk Lai, who went in and out of prison to play in a Manila casino. (21 July 2000 issue of The Philippine Daily Inquirer, p. 20). That same day, 21 July 2000, Chief Justice Hilario G. Davide, Jr., issued a Memorandum to Justice Demetria directing him to comment on the derogatory allegations in the news items.3 On 24 July 2000, Justice Demetria submitted his Compliance. Subsequently, Chief State Prosecutor (CSP) Jovencito R. Zuño, who disclosed to the media the name of Justice Demetria, and State Prosecutor (SP) Pablo C. Formaran III, a member of the Task Force on Anti-Narcotics Cases of the Department of Justice (DOJ) prosecuting the case of the suspected Chinese drug queen, filed their respective Comments on the Compliance of Justice Demetria. On 8 August 2000, the Court En Banc ordered an investigation and designated Mme. Justice Carolina C. Griño-Aquino as Investigator and Court Administrator Alfredo L. Benipayo as 3 Prosecutor. An investigation then commenced on 22 August 2000 and continued until 16 November 2000. The conduct and behavior of everyone connected with an office charged with the dispensation of justice is circumscribed with the heavy of responsibility. His at all times must be characterized with propriety and must be above suspicion. His must be free of even a whiff of impropriety, not only with respect to the performance of his judicial duties, but also his behavior outside the courtroom and as a private individual. Unfortunately, respondent failed failed to live up to this expectation. Through their indiscretions, they did not only make a mockery of their high offices, but also caused incalculable damage to the entire Judiciary. The mere mention of their names in the national newspapers, allegedly lawyering for or against any of the parties of the case pending before the Court of Appeals, seriously undermined the integrity of the entire Judiciary. Although every office in the government service is a public trust, no position exacts a greater demand on moral righteousness and uprightness that a seat in the Judiciary. High ethical principles and a sense of propriety should be maintained, without which the faith of the people in the Judiciary so indispensable in orderly society cannot be preserved. There is simply no place in the Judiciary for those who cannot meet the exacting standards of judicial conduct and integrity. (Jereos, Jr. v. Reblando, Sr., AM No. 141, 31 May 1976, 71 SCRA 126; Dia-A onuevo v. Bercacio, AM No. 177-MJ, 27 November 1975, 68 SCRA 81; Candia v. Tagabucba, AM No. 528, MJ, 12 September 1977, 79 SCRA 51; Barja Jr., v. Judge Bercacio, AM No. 561-MJ, 29 December 1976, 74 SCRA 355). WHEREFORE, we sustain the findings of the Investigating Justice and hold Justice Demetrio G. Demetria
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