OFFICE OF THE COURT ADMINISTRATOR vs JUDGE ELIZA B. YU

March 14, 2017

A.M. No. MTJ-12-1813

OFFICE OF THE COURT ADMINISTRATOR, Complainant

vs

JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent

FULL TEXT

Facts:

In her motion, the respondent repeatedly denies committing all the administrative offenses for which she was held guilty, and insists on the absence of proof to support the findings against her. She pleads that the Court reconsiders based on the following:


1. Noncompliance with A.O. No. 19-2011

The complaint against her was premature because of the pendency of her protest against night court duty. A.O. No. 19-2011 did not carry a penal provision, and was only directory because of the use of the permissive word may. In addition to A.O. No. 19-2011 being noncompliant with the requirements of a valid administrative order, the requirement of night court duty violated Section 5, Rule XVII of the Omnibus Rules Implementing Book V of the Administrative Code,2 which limited the working hours for government officials and employees. It was also not illegal to write to the Secretary of the Department of Tourism (DOT) considering that he was the requesting authority regarding the rendering of the night court duty. She did not publicly broadcast her disobedience to A.O. No. 19-2011 when she wrote the letter to the Secretary. There was no law prohibiting her from writing the protest letters. At any rate, she had the right to do so under the Freedom of Speech Clause. She did not refuse to obey A.O. No. 19-2011 because she actually allowed her staff to report for night duty. She did not willfully and intentionally disobey because her protest had legal basis. She would also violate Section 3(a)3 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) if she would comply with the patently illegal A.O. No. 19-2011.4

2. Refusal to honor the appointments of Ms. Mariejoy P. Lagman and Ms. Leilani Tejero-Lopez

The respondent claims that she did not refuse to honor the appointment because rejection was different from protesting the appointment. She merely exercised her statutory right as a judge to question the appointment of the branch clerk of court assigned to her sala. Under Canon 2, Section 3 of the New Code of Judicial Conduct for the Philippine Judiciary,5 she was mandated to bring to the proper authorities the irregularities surrounding the appointments. Moreover, the contents of the complaint letter and the protest could not be used against her pursuant to the constitutional right against self-incrimination. She did not also commit any act of cruelty against Ms. Tejera-Lopez; on the contrary, it was Ms. Tejero-Lopez who "went beyond the norms of decency by her persistent and annoying application in my court that it actually became a harassment." Her opposition against the appointment of Ms. Lagman was meritorious. She only employed the wrong choice of words with her choice of the term privileged communication that was viewed negatively. There was no proof of the alleged verbal threats, abuse, misconduct or oppression committed against Ms. Tejero-Lopez. It was not proper to penalize a judge based on a "letter with few words that other people find objectionable."6

Issue: 

is judge yu liable for gross insubordiantion

Ruling:

Yes.

The respondent insists that there was no proof to support the adverse findings of the Court. She is absolutely mistaken. The records involved in these cases were voluminous, because they consisted of the affidavits and other evidence submitted by the several complainants as well as her own pleadings and motions, most of which constituted proof of her administrative wrongdoings. As the per curiam decision of November 22, 2016 indicated, her explanations vis-a-vis the complaints often backfired against her, and all the more incriminated her by systematically exposing her personal and professional ineptitude and stilted logic. In short, the evidence against her was too compelling to ignore, and sufficed to warrant the supreme action of her removal from the Judiciary. She was more than aware that the quantum of evidence required in administrative proceedings like these was substantial evidence, or that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.


At any rate, the respondent alternatively pleads for compassion and mercy, and vows not to repeat the same transgressions. In this connection, she would have the Court consider in her favor the following mitigating circumstances pursuant to Section 48, Rule 10 of the Revised Rules of Administrative Cases in Civil Service,31 which provides thus:


1. Medications on allergies as analogous circumstance to an unsubstantiated charge;

2. Good faith on each the unsubstantiated charge xxx;

3. First time offense of the unsubstantiated charge;

4. Lack of education or lack of experience on administrative matters as analogous circumstance to the unsubstantiated charge;

5. Newness or short number in the judicial service as analogous circumstance to the unsubstantiated charge;

6. Very different work culture from previous employment as unsubstantiated charge;

7. Lack of prejudice to the public as analogous circumstance to the unsubstantiated charge;

8. Remorse for not listening to the unsolicited advices of Court Administrator Jose Midas Marquez and Assistant Court Administrator Thelma Bahia as analogous circumstance to the unsubstantiated charge;

9. Lack of intent to commit any wrong as analogous circumstance to the unsubstantiated charge;

10. Previously received awards in the performance of his duties to the unsubstantiated charge; and

11. Outstanding court performance as to cases disposal for year to the unsubstantiated charge.32

The respondent's pleading is unworthy of sympathy.




Firstly, the respondent does not thereby present any compelling argument on how her having medications for allergies was analogous to physical illness under Section 48(a) of the Revised Rules of Administrative Cases in Civil Service. Although the list of circumstances in Section 48 is not exclusive because the provision expressly recognizes other analogous circumstances, she cannot simply state any situation without pointing out why it would be analogous to the listed circumstances. The Court is unable to appreciate how her consumption of medications for allergies could generate arrogance, insubordination, gross ignorance of laws, and offensive conduct that manifested themselves in the periods material to the administrative complaints.


Secondly, the respondent's overall conduct negated her allegation of good faith. Good faith implies the lack of any intention to commit a wrongdoing. Based on the totality of her acts and actuations, her claims of good faith and lack of intent to commit a wrong cannot be probable. According to Civil Service Commission v. Maala,33 good faith as a defense in administrative investigations has been discussed in this wise:


In common usage, the term "good faith" is ordinarily used to describe that state of mind denoting "honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry; an honest intention to abstain from taking any unconscientious advantage of another, even through technicalities of law, together with absence of all information, notice, or benefit or belief of facts which render transaction unconscientious."


In short, good faith is actually a question of intention. Although this is something internal, we can ascertain a person's intention by relying not on his own protestations of good faith, which is self-serving, but on evidence of his conduct and outward acts. (bold emphasis supplied)


The respondent is reminded that her removal from the Judiciary by reason of her gross insubordination and gross misconduct did not proceed only from her non-compliance with A.O. No. 19-2011. Other acts and actuations were also efficient causes, namely: (1) her refusal to abide by the directive of MeTC Executive Judge Bibiano Colasito that resulted in the disruption of orderliness in the other Pasay City MeTCs to the prejudice of the public service and public interest; (2) her direct communications to the DOT Secretary and other agencies that seriously breached established protocols, thereby opening an irregular avenue to publicly broadcast her defiance to the directive of the Court itself; and (3) her willful disregard of the direct advice by the Court Administrator despite the latter being the official expressly authorized by law to assist the Court in exercising administrative supervision over all lower courts and personnel.34


Furthermore, we emphatically observed and pointed out in the decision of November 22, 2016 the following:


In all, Judge Yu exhibited an unbecoming arrogance in committing insubordination and gross misconduct. By her refusal to adhere to and abide by A.O. No. 19-2011, she deliberately disregarded her duty to serve as the embodiment of the law at all times. She thus held herself above the law by refusing to be bound by the issuance of the Court as the duly constituted authority on court procedures and the supervision of the lower courts. To tolerate her insubordination and gross misconduct is to abet lawlessness on her part. She deserved to be removed from the service because she thereby revealed her unworthiness of being part of the Judiciary. (Bold emphasis supplied)


We have stated in the decision of November 22, 2016 that the respondent's recalcitrant streak did not end with her unbecoming repudiation of and defiance to A.O. No. 19-2011. To recall, she also exhibited extreme arrogance in rejecting the valid appointments of Ms. Lagman and Ms. Tejero-Lopez despite being fully aware that the appointing powers pertained to and were being thereby exercised by the Court, and that she was bereft of any discretion to control or reject the appointments. Under no circumstance could she be justified in draping herself with the mantle of good faith in regard to her insubordination and arrogance.


We also reject the respondent's appeal for relief based on her supposed lack of experience as a neophyte judge, and her previously received awards and outstanding court performance. Lack of experience had no relevance in determining her administrative liabilities for acts and actuations fundamentally irregular or contrary to judicial ethical standards. We even believe that her being a novice in the Judiciary, instead of mitigating her liability, could have aggravated her offense, for her being a neophyte judge should have impelled her instead to practice greater prudence and caution in her daily actuations and performance. But instead of pausing and hesitating, she acted rashly and imprudently by condescendingly asserting herself over her peers, by flagrantly disobeying her superiors, including this Court, and by ignoring obvious boundaries that should have kept her in check or reined her in. On the other hand, the awards for outstanding performances as a professional and as a judge, far from accenting her good qualities as a person, rather highlighted her unworthiness to remain on the Bench by showing that her misconduct and general bad attitude as a member thereof has put the awards and recognitions in serious question.

Accordingly, gross misconduct, violation of the Lawyer's Oath, and willful disobedience of any lawful order by the Court constitute grounds to disbar an attorney. In the respondent's case, she was herein found to have committed all of these grounds for disbarment, warranting her immediate disbarment as a consequence.


Once again, we express our disdain for judges and attorneys who undeservedly think too highly of themselves, their personal and professional qualifications and qualities at the expense of the nobility of the Law Profession. It is well to remind the respondent that membership in the Law Profession is not like that in any ordinary trade. The Law is a noble calling, and only the individuals who are competent and fit according to the canons and standards set by this Court, the law and the Rules of Court may be bestowed the privilege to practice it.36

Lastly, every lawyer must pursue only the highest standards in the practice of his calling. The practice of law is a privilege, and only those adjudged qualified are permitted to do so.37 The respondent has fallen short of this standard thus meriting her expulsion from the profession.

Hence, she is disbarred.