AM RTJ 95 1332; (February, 1998) (Digest)
G.R. No. A.M. No. RTJ-95-1332 and A.M. No. RTJ-98-1398. February 24, 1998.
TERESITA O. ZAMUDIO, complainant, vs. JUDGE JOSE S. PEÑAS, JR., respondent. BENJAMIN R. AREJOLA, complainant, vs. JUDGE JOSE S. PEÑAS, JR., respondent.
FACTS
These are two consolidated administrative cases against former Judge Jose S. Peñas, Jr. of the RTC of Iriga City, Branch 34, who had retired on December 10, 1996, but the charges were filed while he was still in service.
In A.M. No. RTJ-95-1332, complainant Teresita O. Zamudio alleged that respondent Judge is guilty of neglecting to support her two illegitimate daughters, Regina (born 1972) and Cherry (born 1979), whom he sired. Zamudio, then 15 years old, met respondent, a married practicing lawyer in his forties, in 1968. An illicit affair developed, resulting in the birth of the two children. Respondent provided financial support for years but stopped after his appointment to the judiciary in 1987. The parties entered into a compromise agreement leading Zamudio to move to withdraw the case, but she withdrew the motion after respondent failed to comply. In his answer, respondent neither admitted nor denied paternity but admitted entering into the compromise he could not afford. He asserted he did not intend to deprive the children of shares in his retirement benefits.
In A.M. No. RTJ-98-1398, complainant Benjamin R. Arejola, a petitioner in Civil Case No. 270 (a mandamus case involving the closure of a public road) pending before respondent’s court, charged respondent with dereliction of duty, grave misconduct, oppression, and conduct unbecoming a judge. Arejola alleged partiality, citing various actions such as proceeding without calling the court to order, holding a hearing without a stenographer, insisting on filing an opposition to a motion to dismiss, disregarding an omnibus motion, acting as judge and counsel, making political remarks, allowing a TRO to lapse, and allowing the non-lawyer city mayor to argue. Respondent failed to file his comment on the complaint despite Court orders and did not explain his non-compliance.
ISSUE
1. In A.M. No. RTJ-95-1332: Whether respondent Judge is administratively liable for his immoral conduct and failure to support his illegitimate children, and what appropriate action should be taken given his retirement.
2. In A.M. No. RTJ-98-1398: Whether respondent Judge is administratively liable for the charges of bias, partiality, and misconduct, and for his failure to comply with the Court’s orders to comment.
RULING
1. In A.M. No. RTJ-95-1332: The complaint against respondent as a judge is DISMISSED due to his retirement, as penalties of suspension or dismissal can no longer be imposed. However, the Court retains jurisdiction over him as a member of the bar. The Court found that respondent begot two illegitimate children with Zamudio under scandalous circumstances, taking advantage of her youth. This conduct, though occurring before his judgeship, reflects a failure to meet the moral standards required of a lawyer. While his retirement benefits are not forfeited, he is not absolved from his legal duty to support his children. Regina, being 25, married, and a graduate, is no longer entitled to present and future support unless proven otherwise in proper proceedings. Cherry, 18 and still a student, is entitled to support. Respondent is ORDERED to pay Cherry Zamudio a monthly support of P5,000.00 upon finality of the judgment until she reaches the age of majority or the obligation is extinguished by law, without prejudice to any action for support in arrears.
2. In A.M. No. RTJ-98-1398: The charges of bias and partiality are DISMISSED for lack of merit, as the allegations were bare and unsubstantiated by convincing proof. However, respondent is found guilty of serious misconduct and insubordination for his repeated failure to comply with the Court’s lawful orders to file his comment without any explanation. He is ORDERED to pay a FINE of P5,000.00, to be deducted from his retirement benefits, with a stern warning.
DISPOSITIVE PORTION:
1. In A.M. No. RTJ-95-1332, the complaint is dismissed as to respondent’s administrative liability as a judge. Respondent is ordered to pay Cherry Zamudio monthly support of P5,000.00.
2. In A.M. No. RTJ-98-1398, the complaint for bias and partiality is dismissed. Respondent is fined P5,000.00 for serious misconduct and insubordination.