G.R. No. A.M. No. MTJ-91-565. August 30, 1993.
PATRICIO T. JUNIO, complainant, vs. JUDGE PEDRO C. RIVERA, JR., respondent.

FACTS

Complainant Patricio T. Junio filed an administrative charge against respondent Judge Pedro C. Rivera, Jr. of the Municipal Trial Court of Alaminos, Pangasinan, based on a criminal complaint for acts of lasciviousness filed by Junio’s 14-year-old daughter, Cristina Junio. The incident allegedly occurred on May 20, 1991, at the respondent’s house, where the Junio family rented the second floor. Cristina testified that while she was dressing a child in her room, respondent entered, embraced and kissed her, later returned, pushed her onto a bed, mounted her, kissed her lips, inserted his right hand inside her blouse to mash her breast, and simultaneously inserted his left hand inside her pants to touch her vagina for a long time. Witness Concepcion Tugade corroborated that she later saw respondent consoling a crying Cristina in the sala. Respondent denied the allegations, claiming he only exchanged a birthday kiss on the cheek with Cristina in the presence of a witness, Cesar Villar, and was busy attending guests. He also presented witnesses to challenge the authenticity of Cristina’s affidavit. The Court initially placed respondent under preventive suspension. Investigating Judge Eugenio Ramos recommended absolving respondent, citing the physical impossibility of the alleged acts, the improbability of committing them on his birthday with many guests present, and alleged inconsistencies in the complainant’s evidence.

ISSUE

Whether respondent Judge Pedro C. Rivera, Jr. is guilty of gross misconduct and conduct prejudicial to the best interest of the judiciary warranting dismissal from service.

RULING

Yes. The Supreme Court rejected the Investigating Judge’s findings and recommendations. The Court found Cristina Junio’s testimony credible, straightforward, and consistent, and noted that her young age made it unlikely she would fabricate such a detailed account. The Court dismissed the Investigating Judge’s “re-enactment” with his wife as speculative and irrelevant, emphasizing that testimonial evidence should be assessed based on witness credibility, not physical experiments. The Court also found that the circumstances of respondent’s birthday did not make the act improbable, as lust can overpower judgment. The alleged inconsistencies in the affidavit were minor and did not undermine the core accusation. The Court held that respondent’s actions constituted gross misconduct and conduct prejudicial to the judiciary, violating the trust and integrity required of a judge. Accordingly, respondent Judge Pedro C. Rivera, Jr. was DISMISSED from service with prejudice to re-employment in any government entity, with forfeiture of all retirement benefits except accrued leave credits, and ordered to cease all judicial functions immediately.