Wednesday, May 12, 2010

Family court judge dismissed

SC Dismisses Makati Family Court Judge
May 4, 2010

The Supreme Court has dismissed a Makati City Family Court Judge for gross misconduct.

In a 75-page consolidated per curiam decision, the Court En Banc also ordered the forfeiture of all benefits and perpetual disqualification from public office of Family Court Judge Evelyn S. Arcaya- Chua, also Presiding Judge of the Makati City Regional Trial Court, Branch 144.

The cases against Judge Arcaya-Chua have also been referred to the Office of the Bar Confidant for her possible disbarment.

Her dismissal was spawned by judicial audit investigation on her sala conducted by the SC. The Court found substantial evidence showing that Judge Arcaya-Chua did not report in her Monthly Reports the actual number of marriages she had solemnized and that the solemnization fees that were paid did not correspond to the number of marriages that were solemnized by her. From November 2005 to March 2007, her Monthly Reports indicated that she did not solemnize any marriage, but 1,068 marriage certificates issued by her during the said period are in the Court’s custody.

Victoria C. Jamora, Court Stenographer of the Makati City RTC, Branch 144, was found guilty of grave misconduct and dismissed from service, with forfeiture of all retirement benefits. The Court said that Jamora was a willing participant since she knew that the figures stated in the Monthly Reports were incorrect but she had condoned the wrongdoing by affixing her signature on them.

“Immediately upon service on Judge Evelyn S. Arcaya-Chua and Victoria C. Jamora of this decision, they are deemed to have vacated their respective office, and their authority to act as Judge and Court Stenographer, respectively, are considered automatically terminated,” the Court said.

The Court also found Judge Arcaya-Chua guilty of gross ignorance of the law and suspended for six months without pay for issuing a temporary protection order (TPO) in favor of a male litigant in violation of RA 9292 (Anti-Violence Against Women and Their Children Act of 2004), which provides that a TPO cannot be issued a in favor of a man against his wife. “Indeed, as a family court judge, Judge Arcaya-Chua is expected to know the correct implementation of RA 9292,” the Court said.

Likewise, the Court denied for lack of merit Judge Arcaya-Chua’s motion for reconsideration of the July 14, 2005 resolution of the Court, which had imposed a six-month suspension for receiving money in exchange for a favorable decision.

(AM OCA IPI No. 07-2630-RTJ, Ocampo v. Judge Arcaya-Chua; AM No. RTJ-07-2049, OCA v. Judge Arcaya-Chua; AM No. RTJ-08-2141, OCA v. Judge Arcaya-Chua; AM No. RTJ-07-2093, Santos v. Judge Arcaya-Chua, April 23, 2010)


See:
http://sc.judiciary.gov.ph/news/courtnews%20flash/2010/05/05041001.php