AM RTJ 21 018; (September, 2021) (Digest)
G.R. No. RTJ-21-018. September 29, 2021.
OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. HON. ROMEO M. ATILLO, JR., EXECUTIVE JUDGE AND PRESIDING JUDGE, REGIONAL TRIAL COURT, BR. 31, AGOO, LA UNION, RESPONDENT.
FACTS
The Office of the Court Administrator (OCA) received printed copies of pictures from the Facebook account of Judge Romeo M. Atillo, Jr., showing him half-dressed and revealing tattoos on his upper body, used as “cover photos” and “profile pictures.” The OCA required Judge Atillo, Jr. to comment on the possible violations of the New Code of Judicial Conduct and OCA Circular No. 173-2017 (Proper Use of Social Media). In his comment, Judge Atillo, Jr. explained that his Facebook account was hacked on August 11, 2019, which switched his privacy setting from private to public. He asserted the pictures were meant exclusively for his own viewing and his Facebook friends only, not for public consumption, and argued they were inadmissible evidence as they were illegally obtained from his hacked account, violating his constitutional right to privacy.
ISSUE
Whether Judge Romeo M. Atillo, Jr. is administratively liable for violating the New Code of Judicial Conduct and OCA Circular No. 173-2017 by posting inappropriate pictures on his social media account.
RULING
Yes, Judge Atillo, Jr. is administratively liable. The Court adopted the OCA’s findings but modified the penalties. The Court found that Judge Atillo, Jr. breached his duty under Canons 2 and 4 of the New Code of Judicial Conduct to avoid impropriety and the appearance of impropriety. By posting the half-dressed and tattooed pictures on Facebook, which became accessible to the general public, he failed to uphold the dignity of the judicial office. The Court cited Lorenzana v. Judge Austria, emphasizing that judges carry ethical responsibilities into cyberspace and their public communications affect the Judiciary’s reputation. The Court rejected his defenses, holding that the constitutional exclusionary rule does not apply against private individuals and that reliance on a “friends only” privacy setting does not absolve him of the duty to maintain propriety. Judge Atillo, Jr. was found GUILTY of violating Sections 1 and 2, Canon 4 of the New Code of Judicial Conduct and OCA Circular No. 173-2017, and was FINED P20,000.00. He was also found GUILTY of Conduct Unbecoming of a Judge and REPRIMANDED, with a stern warning.