AM RTJ 16 2450; (June, 2017) (Digest)
A.M. No. RTJ-16-2450. June 7, 2017. PO1 MYRA S. MARCELO, Complainant, vs. JUDGE IGNACIO C. BARCILLANO, BRANCH 13, REGIONAL TRIAL COURT (RTC), LIGAO CITY, ALBAY, Respondent.
FACTS
PO1 Myra S. Marcelo, a security officer at the Ligao City Hall of Justice, filed a complaint for grave misconduct against Judge Ignacio C. Barcillano. She alleged that on July 4, 2014, the judge, seemingly in concert with a Public Attorney’s Office lawyer, harassed and humiliated her. The incident involved Judge Barcillano ordering her to repeatedly change seats, derisively stating “PO1 ka lang,” and improperly handling her service firearm by cocking it multiple times in front of court personnel. He also allegedly berated Leonardo Rosero, the husband of the Executive Judge, using profane language. Supporting affidavits from a fellow officer and Mr. Rosero corroborated the complainant’s account, with additional claims that the judge appeared intoxicated during the incident.
In his comment, Judge Barcillano denied the allegations of harassment and drunkenness. He framed the complaint as retaliatory, stemming from his disagreements with Executive Judge Rosero over administrative matters, including the deployment of police officers as court security. He admitted asking for the complainant’s firearm for verification due to security concerns and stating “PO1 ka lang” but claimed it was merely clarificatory. He attributed the complainant’s nervousness to her own reasons and denied ordering her to switch seats.
ISSUE
Whether Judge Ignacio C. Barcillano is administratively liable for his actions on July 4, 2014.
RULING
Yes, Judge Barcillano is administratively liable for Conduct Unbecoming of a Judge. The Supreme Court found the complainant’s version, supported by corroborating statements, to be more credible. The Court rejected the judge’s defense that the complaint was motivated by his disagreements with the Executive Judge, noting that such disputes should have been addressed through proper channels, not taken out on subordinate personnel. The Court emphasized that a judge must always act with judicial temperament—temperate, patient, and courteous in both conduct and language. Judge Barcillano’s actions, including his demeaning remark and the intimidating handling of a firearm within court premises, fell short of this standard and constituted unbecoming conduct.
However, the Court found the allegations of drunkenness and holding drinking sessions during office hours not sufficiently proven, as the primary complainant did not attest to these, and the other witnesses’ accounts were deemed less reliable on this specific point. For this light charge under Rule 140 of the Rules of Court, the Court imposed a fine of Ten Thousand Pesos (₱10,000.00) with a stern warning against repetition.