The Supreme Court has been asked to investigate the executive judge of San Fernando, Pampanga Regional Trial Court for administrative and criminal liability over an alleged extortion.
Detained Globe Asiatique president Delfin Lee has filed before the SC administrative and criminal complaint against San Fernando, Pampanga Regional Trial Court Executive Judge Divina Luz Simbulan, who was pushing for his transfer from the provincial jail to a city jail, for alleged involvement in extortion.
In a five-page verified complaint, Lee asked that Judge Simbulan be dismissed from service for allegedly meddling in the P6.6-billion syndicated estafa case against him pending before the sala of another judge.
Lee accused the judge of gross ignorance of the law for “interfering with the jurisdiction of RTC, Branch 42 of San Fernando, Pampanga presided by Judge Maria Amifaith Fider-Reyes.”
Lee also sought the disbarment of Simbulan for supposed violation of Code of Professional Conduct of Lawyers.
Lee cited Simbulan’s actions of “rendering an opinion that I can be interviewed by the media, an opinion that is contrary to the position of Judge Fider-Reyes; and coordinating with the BJMP officials of Telabastagan for my immediate transfer despite the absence of any lawful order from Judge Fider-Reyes.”
As to the criminal charges, the businessman prayed that the respondent judge be criminally prosecuted for usurpation of authority “because she represented herself to the officials of BJMP Telabastagan that she has the jurisdiction and power to transfer me from the Pampanga Provincial Jail to BJMP Telabastagan that is why she personally coordinated with the BJMP officials for my immediate transfer.”
The complainant also urged the SC to refer the case to the Ombudsman for criminal investigation and prosecution against the judge for violation of Section 3 (b) & (e) of R.A. 3019 for “directly soliciting a brand new Nissan Patrol from me in exchange for her favorable opinion for me to be interviewed by the media and for causing undue injury to me.”
“Sometime in April 2015, Judge Simbulan through an emissary of her husband Regional State Prosecutor (RSP) Jesus Simbulan, offered to help me to be interviewed by GMA Network, Inc. in exchange for one (1) brand new Nissan Patrol because according to them, I will not be allowed by Judge Fider-Reyes to be interviewed by the media but since Judge Simbulan is the executive judge, she can issue a written opinion so persuasive that Judge Fider-Reyes will have no choice but to accede,” read the complaint.
Lee said he refused to give in to the demand of the judge because “I am financially distressed because of the cases filed against me and because my business could not function well.”
“In view of my refusal to give Judge Simbulan and RSP Simbulan the brand new Nissan Patrol that they are demanding or soliciting from me, Judge Simbulan caused the closure of the bakery which was being used by the provincial jail in training the inmates to learn some sort of livelihood, because Judge Simbulan heard from other inmates that I donated some money in putting up the said bakery,” the businessman alleged.
“Not contented, Judge Simbulan sent Judge Fider-Reyes a letter dated October 29, 2015 advised Judge Fider-Reyes that I should be transferred to the BJMP Telabastagan without offering any valid ground, and without waiting for the Order of Judge Fider-Reyes whose court has jurisdiction over my case, and even personally coordinated with BJMP officials of Telabastagan for my immediate transfer and represented to them that she has the authority to order my transfer,” he added.
Lastly, Lee told the high court that he witnessed himself how powerful Simbulan is in the Pampanga Provincial Jail, recalling an incident wherein “she forcibly took away from an inmate a Shih Tzu puppy for P1,000.00 only even if the usual price thereof ranges from P13,000.00 to P15,000.00. The woman inmate could do nothing and just cried profusely.”
Court Administrator Jose Midas Marquez, who has supervision over judges nationwide, said he would look into Lee’s charges.
Judge Reyes has already set the hearing on Monday, Nov. 9, to rule on the issue.