Manila judge suspended for homophobic slur
A MANILA trial court judge was suspended for 30 days by the Supreme Court (SC) for his inappropriate “homophobic remarks” involving the sexual orientation of litigants in his court.
This as the high court adopted the recommendation of the Judicial Integrity Board (JIB), finding the Manila Metropolitan Trial Court, Branch 26 presiding judge administratively liable for “conduct unbecoming” of public officer or official and for simple misconduct after he imposed his beliefs in the conduct of his judicial functions.
Records showed that the litigants filed a complaint against the judge, claiming that during the preliminary conference, the latter showed bias and partiality against their sexual orientation by persistently asking them if they were homosexuals and telling them that homosexuality is a “sin”.
The judge supposedly uttered: “xxx pagka-bading, tomboy, lesbian, ayaw ng Diyos yun xxx.”
“So pag meron kang lesbian relationship, paparusahan yung anak mo. Dengvaxia, di ba? Kayo din kasi may kasalanan kayo sa Diyos eh,” according to records.
In an 18-page decision penned by Justice Alfredo Benjamin S. Caguioa, the high court found the remarks homophobic slurs “which have no place in our courts of law.”
According to the SC, the judge violated the New Code of Judicial Conduct, which imposes on judges “the duty to ensure equal treatment of all before the courts and to understand diversity arising from race, sex, religion, age, sexual orientation, and social and economic status, among others.”
Also, the SC ruled that the respondent’s inappropriate remarks were found to violate Civil Service Commission (CSC) Resolution No. 01-0940, or the “Administrative Disciplinary Rules on Sexual Harassment Cases”, which applies to all officials and employees in government.
Under CSC Resolution No. 01-0940, work-related sexual harassment may be committed where the acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation.
“As ‘frontliners who serve as the visible representations of the judicial branch at the grassroots level’ judges must avoid not only impropriety but the appearance of impropriety,” the SC said.
The SC also reminded judges that their actions should always be seen by the public as guided by the law and not by their personal or religious beliefs to avoid the perception of “displays of religiosity as encroachment or interference with our system of justice.”
Aside from suspension, the judge was also fined P50,000 for simple misconduct and conduct unbecoming of a judge.
