In A.M. No. MTJ-03-1462, Español v. Mupas, February 11, 2010, the Philippine Supreme Court stood by its previous rulings that had ordered the dismissal of Dasmariñas, Cavite Municipal Trial Court Judge Lorinda B. Toledo-Mupas for gross ignorance of the law.
The record of the judge in the Supreme Court was notoriously negative and replete with various administrative offenses.
I am quoting below a report I received via email from the Supreme Court, thus:
In a 10-page per curiam ruling, the Court En Banc denied for want of a compelling reason the October 22, 2008 Urgent Omnibus Motion of Judge Mupas which the Court treated as a second motion for reconsideration of its April 19, 2007 decision. The same found her guilty of gross ignorance of the law and imposed upon her the penalty of dismissal from judicial service, while the August 19, 2008 resolution denied her motion for reconsideration.
Judge Mupas was found guilty of several counts of gross ignorance of the law on three separate occasions as well as incompetence and gross misconduct prior to the present case. The Court held that a finding of guilt for the fourth time proves the “incorrigibility and unfitness” of Judge Mupas, and thus warrants her dismissal.
The Court noted that Judge Mupas failed to justify her actions, one of which was her failure to forward to the Office of the Provincial Prosecutor of Cavite the records of at least 370 cases which she had dismissed after preliminary investigation, a violation of Sec. 5, Rule 112 of the Rules on Criminal Procedure which states that within 10 days after the conclusion of the preliminary investigation, an investigating judge shall transmit to the Provincial or City Prosecutor for appropriate action the judge's resolution of the case together with pertinent records. The Court added that considering the gravity of the offenses in the complaints, some of which were drug-related, the parties adversely affected by the dismissal of the complaints after preliminary investigation were denied the statutory right of review that should have been conducted by the Provincial Prosecutor. Such omission or oversight uncorrected for as long as seven years makes Jude Mupas liable not only for gross ignorance of the law but also for gross misconduct and conduct prejudicial to the best interest of the service, the Court ruled..
Other offenses of Judge Mupas were her failure to act for long periods of time on motions for execution filed by prevailing parties in cases which have already become final and executory; failure to decide beyond the reglementary period of 30 days cases reported by the OCA; continuation of the erroneous practice of issuing documents denominated “Detention Pending Investigation of the Case”; compromising the confidentiality and integrity of court records which were found left in disarray in her sala; and submission of fraudulent certificates of service administratively liable for serious misconduct under the Rules of Court and criminally liable under the Revised Penal Code.
The Court concluded that taken altogether, “the respondent judge failed to live up to the exacting standards of her office. The magnitude of her transgressions, taken collectively, casts a heavy shadow on respondent's moral, intellectual, and attitudinal competence and rendered her unfit to don the judicial robe and to perform the functions of a magistrate.”
In addition to the penalty of dismissal, Judge Mupas had also been forfeited of all benefits due her, excluding her accrued leave benefits, as well as perpetually disqualified from reinstatement or appointment to any public service including government-owned or controlled corporations.
(See: A.M. No. MTJ-03-1462, Español v. Mupas, February 11, 2010)
Source:
A news item published in the Philippine Supreme Court website and emailed to Atty. Manuel J. Laserna Jr. by its Public Information Office.
Report entitled “SC Stands Pat on Judge’s Dismissal for Gross Ignorance of the Law”, posted on February 17, 2009, and written by Jen T. Tauzon, a court staff.
Email report received from: pio@sc.judiciary.gov.ph; To: lcmlaw@gmail.com
Date: Wed, Feb 17, 2010 at 1:03 PM; Subject: SC Stands Pat on Judge’s Dismissal for Gross Ignorance of the Law.
