MANILA, Philippines – The Supreme Court (SC) has reprimanded and fined a judge over the delay in the case of former senator Leila de Lima.
In the resolution, the SC said Muntinlupa City Regional Trial Court (RTC) Branch 256 Presiding Judge Romeo Buenaventura was found guilty of simple misconduct constituting violation of the new code of judicial conduct and was ordered to pay an P18,000 fine.
Aside from this, he was also found guilty of simple neglect of duty in the performance or non-performance of official functions. He was also fined another P18,000.
“Respondent Romeo S. Buenaventura is STERNLY WARNED that a repetition of the same offense or the commission of a similar act shall be dealt with more severely,” the resolution added.
Buenaventura was among the judges who handled Criminal Case No. 17-167, one of De Lima’s three drug cases filed against her during former president Rodrigo Duterte’s time. The three cases were eventually dismissed by various Muntinlupa RTC branches in 2021, 2023, and 2024.
De Lima was freed even before the last dismissal, after her bail was granted in November 2023.
Before that, there was a delay in her release due to her bail. Buenaventura denied the former senator’s bail petition, including the appeal. Buenaventura later inhibited in the case after De Lima’s co-accused filed a motion to inhibit him.
The motion cited that the judge is the brother of Erwin Buenaventura, the lawyer “who assisted Accused Dayan in the execution of his affidavit, which was later, testified to by accused Dayan to be coerced.”
The case was re-raffled to Presiding Judge Abraham Alcantara, who later inhibited too, so the case was ultimately handled by Muntinlupa City RTC Branch 206 Presiding Judge Gener Gito.
Due to the delay in De Lima’s bail and for Buenaventura’s belated inhibition, the former senator’s lawyers filed administrative complaints against the judge.
“Complainants further aver that respondent’s refusal to recuse led to the violation of De Lima’s right to due process under Article III, Section 1 of the Constitution,” the ruling said.
The ruling
According to the Supreme Court, Erwin Buenaventura’s ties to Dayan make the Presiding Judge Buenaventura vulnerable to canon 4, section 4 of the New Code of Judicial Conduct.
“Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case,” the High Court said, adding that it was also unconvinced that the judge had no inkling of his brother’s relationship with Dayan.
The SC said it is also convinced that the judge should be liable for “undue delay” in rendering a decision or order. It explained that under the Revised Guidelines for Continuous Trial of Criminal Cases, petition for bail involving drug cases shall be resolved in 20 calendar days, without the need for oral argument or memoranda. – Rappler.com