SC rebukes, fines ex-judge for sexually assaulting litigant

The Supreme Court has cracked its whip on a retired judge for sexually assaulting a litigant when he was still in active service in December 2007. In a nine-page decision penned by Senior Associate Justice Antonio Carpio, the court en banc said Las Pinas Regional Trial Court Branch 197 Judge Manuel Duque, who retired on Feb. 21, 2008, is guilty of impropriety and gross misconduct for sexually abusing Susan Reyes, a party to a land case he handled. The court then ordered a P40,000 deduction from Duque's retirement benefits. "[Duque] failed to live up to the high moral standards of the judiciary and even transgressed the ordinary norms of decency of society. Had Judge Duque not retired, his misconduct would have merited the dismissal from the service," said the ruling promulgated Sept. 21, 2010. "Wherefore, we find respondent Judge Manuel N. Duque guilty of impropriety and gross misconduct. We fine him P40,000 to be deducted from his retirement benefits," it added. Sexual abuse, graft On the first week of December 2007, Duque allegedly demanded a P100,000 bribe from Reyes in exchange for a favorable ruling. But the latter was only able to come up with P20,000, so the judge gave her an extension. On Dec. 21, 2007, Reyes went to the judge's house with P18,000 on hand. The judge then gave her until Dec. 26, 2007 to complete the P100,000. "All of a sudden, Judge Duque held the waist of Reyes, embraced and kissed her. Reyes tried to struggle and free herself. Judge Duque raised her skirt, opened her blouse and kissed her breasts. He touched her private parts and attempted to have sexual intercourse with Reyes," said the SC ruling. Duque stopped his sexual advances when Reyes, in a desperate move, appealed to the judge to continue the act in a hotel room. Reyes subsquently filed four complaints against the judge days before he retired on Feb. 21, 2008. But the judge argued he was no longer under the jurisdiction of the Office of the Court Adminsitrator because he was already retired. Duque also denied sexually abusing Reyes. The Office of the Court Administrator referred the complaint to a Court of Appeals justice for further investigation. The CA justice, who was not identified by the SC, found Duque guilty of impropriety and gross misconduct. However, the CA probe did not find sufficient evidence that Duque solicited money from Reyes. The Office of the Court Administrator lent credence to the CA justice's findings. SC ruling The SC, in its decision promulgated Sept. 21, 2010, sustained the CA and the OCA's findings and recommendations. "It is clear from the records that Reyes filed her intended complaint before Judge Duque retired. Consequently, the Court no doubt has jurisdiction over this administrative case," said the SC. "On the charges of graft and corruption, the investigating justice and the OCA found insufficient evidence to sustain Reyes' allegation that Judge Duque demanded and received money from her in consideration of a favorable ruling. Thus, this charge should be dismissed for being unsubstantiated," the high tribunal added. The SC then rebuked Duque for falling short of the standards for members of the judiciary. "He failed to behave in a manner that would promote confidence in the judiciary. Considering that a judge is a visible representation of law and justice, he is naturally expected to be the epitome of integrity and should be beyond reproach. Judge Duque's conduct indubitably bore the marks of impropriety and immorality," said the SC. — RSJ, GMANews.TV