(Eagle News) – Supreme Court Chief Justice Lourdes Sereno wrote President Duterte questioning the alleged involvement of seven judges he had named as having links to the illegal drug operations, saying that “the Court would consider it important to know the source and basis of any allegation” against the judges.
In a four-page letter, Sereno said that the high court was already investigating a judge, but that this particular judge was not in the President’s list.
The Chief Justice also took note that one of the judges named by Duterte, Judge Roberto Navidad, formerly of the Regional Trial Court, Branch 32, Calbayog City, Samar was already long dead. He was killed on 14 January 2008 at the age of 69, she said.
As for the other judges in the list, Sereno said the Court has no information that would link any of the judges named by President Duterte to the drug trade.
“The Court would consider it important to know the source and basis of any allegation that specific judges are involved in the illegal drugs trade in line with its duty to exercise administrative supervision over all lower courts,” Sereno said in her letter to the President.
The judges named by the President as having drug links are:
- Judge Mupas of Dasmariñas, Cavite
- Judge Reyes, Baguio City
- Judge Savilo, RTC Branch 13, Iloilo City
- Judge Casiple, Kalibo, Aklan
- Judge Rene Gonzales, MTC, (unknown province)
- Judge Natividad, RTC Calbayog City
- Judge Ezekiel Dagala, MTC, Dapa, Siargao
Sereno said the President’s action of naming the judges would “cause problems.” The Chief Justice also said that they were “caught unprepared by the announcement.”
“In order not to cause disruption to public service, we have administrative mechanisms in place to ensure that another judge take over the place of a suspended or disciplined judge. As it appears now, the announcement of the names of some judges is expected to cause problems with the scheduled hearings and conferences in their salas,” she said.
“With all due respect, Mr. President, we were caught unprepared by the announcement. It would matter greatly to our sense of constitutional order, if we were given the chance to administer the appropriate preventive measures without the complications of a premature public announcement,” Sereno added.
The Chief Justice said that “a premature announcement of an informal investigation on allegations of involvement with the drug trade will have the unwarranted effect of rendering the judge veritably useless in discharging his adjudicative role.”
“ Thus this Court has been careful, all too aware that more often than not, a good reputation is the primary badge of credibility and the only legacy that many of our judges can leave behind. Too many of our judges have been assassinated, 26 since 1999, a large proportion of them reportedly at the behest of crime lords, more specifically, drug lords. Allow me to submit a separate update on this matter,” she said in her letter.
Sereno said that the announcement may render the named judges vulnerable and veritable targets by vigilante groups.
She also asked that the Philippine National Police authorize the judges to carry defensive firearms, and appealed for the President to reconsider his order that would cancel the firearm permits of the judges he had named on Sunday.
“We request that you reconsider your reported order that the judges you named, with the above clarification on who these are, continue to bear these licensed self-defense weapons, if any, until a proper investigation concludes that formal criminal charges should be brought against them,” she said.
Sereno also cautioned the judges very strongly” against surrendering, or making themselves physically accountable to any police officer in the absence of any duly-issued warrant of arrest that is pending.”
She said this is to safeguard the role of the judges as the protector of constitutional rights.
The Chief Justice sent the President these details about the judges he had named:
Lorenda Mupas was dismissed in 2007 as MTC Judge of Dasmarinas, Cavite for gross ignorance of the law/misconduct. We request that her dishonorable discharge be duly considered and that she be not referred to as part of the judiciary as of nine years ago.
Judge Roberto Navidad, formerly of the RTC, Branch 32, Calbayog City, Samar was killed on 14 January 2008 at the age of 69.
Judge Rene Gonzales, formerly of the MTCC, Branch 7, Iloilo City, compulsorily retired last 20 June 2016.
Judge Exequil Dagala of the MTC, Dapa-Socorro, Surigao, does not have jurisdiction over drugs cases, the same way that Judge Gonzales does not. It would be very helpful if the investigators who included the names of Judges Dagala and Gonzales inform the Court how these MTC judges can be considered as influencing the drug trade.
Judge Adriano Savillo, RTC, Branch 30, Iloilo City is a family court judge who does not have jurisdiction over drugs cases except in cases where a minor is a respondent.
Judge Domingo Casiple, RTC, Branch 7, Kalibo, Aklan is the judge of a court of general jurisdiction without jurisdiction over drugs cases, i.e., until our recent decision to make all RTCs as drugs courts is implemented with the appropriate administrative circular. It would be helpful to know the specifics on how judges without jurisdiction over drugs cases influence the drug trade in their localities.
Judge Antonio Reyes, RTC, Branch 61, Baguio City, Benguet presides over the designated drugs court in that multi-sala court.
The chief justice stressed that the Supreme Court was the sole entity charged with the discipline of judges. It is also the Supreme Court which decides when judges are excused from bench duty and report to it.
“We appreciate your zeal in helping us cleanse the ranks of the judiciary of misfits but we assure you, Mr. President, even an informal report from the President or his appropriate alter egos would be sufficient to spur us to action and conduct the investigation immediately without need of requiring them to report physically to any entity and cancel scheduled court activities,” Sereno said in her letter to the President.
