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Judge sacked for immorality

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Judge sacked for immorality
« on: October 31, 2007, 07:03:46 AM »
Judge sacked for immorality
By: KIT BAGAIPO, The Bohol Chronicle

A municipal trial court judge was dismissed by the Supreme Court (SC) for making sexual advances and committing lascivious acts against two women in a public place.

The high tribunal, in an en banc ruling, found Judge Manuel de Castro of the Municipal Circuit Trial Court (MCTC) of Jagna and Garcia-Hernandez, guilty of gross misconduct and immorality.

De Castro is ordered dismissed by the high tribunal after he was deemed to have admitted certain allegations in an administrative complaint which accused him of rape.

The dismissed judge is also required to show cause why he should not be disbarred as a member of the Philippine Bar by the SC.

While the allegation of rape was not proven due to the execution of an affidavit of retraction and withdrawal by the complainant, the Court still ruled that "substantial evidence, circumstantial and testimonial, obtain to hold respondent judge (de Castro) liable for gross misconduct and immorality."
          

In its decision, the Court stated that De Castro's acts of teasing a waitress in a videoke bar about her "scant dress," kissing her on the cheek and another waitress behind the ear, and attempting to enter the bathroom while one of the waitresses was inside, with his companions egging him on and in full view of the other drinking individuals in the bar "translate into a violation of the Code of Judicial Conduct as they reflect upon respondent judge's utter disregard of public opinion of the reputation of the judiciary which he represents."

The Court stressed that De Castro failed to conduct himself in a way that will promote confidence and respect for the judiciary.

"He deported himself in a manner most unbecoming a judge as a model of moral uprightness…The audacity under which the same were committed and the seeming impunity with which they were perpetrated shock one's sense of morality," the high tribunal's ruling stated.

The Court noted that while De Castro denied the charge of rape and alleged that the said was filed for the purpose of harassing him, he failed to prove why, how, and by whom the harassment was done.

De Castro never attributed to the complainant, according to the Court, any reasonable motive for her to accuse him of rape, nor did he categorically deny the severe allegations against him by the two waitresses.

"Respondent judge has made much of the affidavit of retraction and withdrawal of complaint upon which the Prosecutor's Office of Bohol predicated its dismissal of the underlying complaint for rape," said the Court, adding that such a recantation is extremely unreliable inasmuch as it can be easily obtained from a poor and ignorant witness.

Furthermore, the Court stated that based on the social standing and economic status of the complainant, the combination of both factors "seems to explain why complainant affixed her signature to the recanting affidavit."

   

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grazie7y

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Re: Judge sacked for immorality
« Reply #1 on: October 31, 2007, 07:20:51 AM »
These victims should be interviewed well why the are recanting their statements and if proven that they were paid to recant their statements, that should be an added offense against the judge or whoever is involved.  It's good to remind these public officials that they are not above the law.  They should behave accordingly and appropriately not just in public places where they can be seen but always.

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thegirlnextdoor

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Re: Judge sacked for immorality
« Reply #2 on: November 04, 2007, 12:37:47 AM »
This kind of thing has been going on for years. It happens in every country and almost every county court system. Even city councilors and persons in the higher senate and congress in the United States have a tendency to misbehave in front of others.
yet they pass laws and bust other persons for doing the same bad behavior I would call it "Double Standards".
Look at Catholic priests who are Representatives of God and try to preach immorality and at the same time they are being pedophile towards children?
It's getting pretty creepy out here when you can not trust persons such as the one's mentioned above.
It makes example setting hard to teach to the youngsters especially when they see how people in the higher respected positions are behaving so poorly. "TOINKS"!

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grazie7y

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Re: Judge sacked for immorality
« Reply #3 on: November 04, 2007, 04:12:55 AM »
First, welcome back Precious!

I agree with you.  It's quite an irony that people who are the lawmakers are the same people who breaks the law.  But as you said, these things are not unique in the Philippines and this stuff happens everywhere (e.g. Bill Clinton with his famos line "I did not have sex with that woman!") but this should not be an excuse either, right? 

Uou mentioned about Catholic priests who are charged with molesting kids and other "victims" (as you noticed, I had it in open and close quotation because I doubt some of them but that's another issue.) took a while to come out in the open for shame or fear.  The Catholic church in America, for one, settled millions and millions of dollars for child molestation cases.  But then again, it's not just some Catholic priests who are involved in this horrible behavior.  There are other religious denominations who also had/have similar scandal but not as big as the Catholic since, as we may know already, is the largest religious denomination in the world.  Again, let me reiterate that this is not an excuse for such horrible and disgusting actions.  It's unimaginable how can people say one thing and behave totally the opposite.  Yes, that's plain and simple double standard!

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Re: Judge sacked for immorality
« Reply #4 on: November 04, 2007, 04:18:38 AM »
It's unimaginable how can people say one thing and behave totally the opposite.

Follow what I say but don't follow what I do. Thats it :)

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thegirlnextdoor

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Re: Judge sacked for immorality
« Reply #5 on: November 08, 2007, 01:04:01 AM »
Your absolutely correct grazie. I watched a news channel from the states tonight and it was talking about what kids are the cool kids now versus when the era from when i had attended school back home I was totally not surprised when I heard that the pot smokers, and trouble makers are now considered the cool ones in school.
The other kids such as what we refer to as Geeks are even made fun of from not only their schools peers but as well by teachers and in some cases parents.

Some parents provoke and intice their kids to knock down other kids. "Dog eat dog world" as they say makes one wonder if their is ever going to be any hope to make a better tomorrow in the near future?
Not if the people our kids look up to for examples continue to act the way they do now.

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