G.R. No. A.M. No. 20-01-38-RTC. June 16, 2020.
RE: ANONYMOUS LETTER-COMPLAINT AGAINST JUDGE IRIN ZENAIDA BUAN, BRANCH 56, REGIONAL TRIAL COURT, ANGELES CITY, PAMPANGA FOR ALLEGED DELAY OF DRUG CASES, BAD ATTITUDE, AND INSENSITIVITY TO HIV-AIDS POSITIVE ACCUSED.

FACTS

This administrative case originated from an undated anonymous letter filed by a concerned citizen against Presiding Judge Irin Zenaida S. Buan of the RTC, Branch 56, Angeles City, Pampanga. The complaint alleged: (a) undue delay in court processes, such as the release of accused in drug cases despite plea bargaining agreements; (b) habitual absences; (c) humiliating party-litigants in court and claiming she attended the same school as President Duterte; (d) imposing a fine of ₱15,000 without legal basis in some drug cases with plea bargaining; and (e) insensitivity to an accused afflicted with HIV-AIDS. The Office of the Court Administrator (OCA) conducted an initial investigation and, in a Memorandum dated January 17, 2020, reported findings including: uncooperative behavior from Judge Buan and Branch Clerk of Court Nida E. Gonzales; cases decided beyond the reglementary period without extension requests; mismanaged and unorganized court records; allegations of corruption against Judge Buan, Ms. Gonzales, and a prosecutor in exchange for favorable rulings; alleged forgery of an executive judge’s signature by Ms. Gonzales on monthly reports; and discovery of a copy of a letter allegedly from the Court Administrator imposing a suspension penalty on an attorney. Based on these findings, the OCA recommended treating the report as an administrative complaint, conducting a judicial audit, and preventively suspending Judge Buan and Ms. Gonzales for six months. The Court En Banc, in a Resolution dated February 4, 2020, placed both respondents under preventive suspension effective immediately. Judge Buan and Ms. Gonzales filed a joint Motion for Reconsideration, denying the allegations and pleading for the lifting of their preventive suspension on grounds that the charges are not serious offenses and for humanitarian considerations, especially during the COVID-19 pandemic, as the suspension has caused economic hardship.

ISSUE

Whether the preventive suspension of Judge Irin Zenaida S. Buan and Branch Clerk of Court Nida E. Gonzales should be lifted or modified.

RULING

The Court partially granted the Motion for Reconsideration. It held that the allegations against Judge Buan and Ms. Gonzales—including corruption, forgery, and conduct prejudicial to the judiciary—constitute serious charges warranting a judicial audit and preventive suspension. However, the Court modified the suspension order on humanitarian grounds due to the COVID-19 pandemic. The Court considered that: (1) the respondents have not yet been penalized and are still facing charges; and (2) withholding their salaries and monetary benefits during the pandemic severely affects their economic and family life. Applying the doctrine of compassionate justice or judicial clemency, the Court ordered the Financial Management Office to release the withheld salaries and other monetary benefits due to both respondents. The Court noted that if the complaint is eventually dismissed, back salaries would not need to be ordered, and if liability is found, the received benefits could be deducted from accrued entitlements. The Court also directed the OCA to comment on the respondents’ prayer to lift the preventive suspension within five days.