The Supreme Court has ordered the disbarment of a Pasay City judge who was earlier dismissed from service for sexually harassing a fellow magistrate and refusing to take on night court duty.
In a 22-page resolution, the high court not only denied the appeal of Pasay City Metropolitan Trial Court Judge Eliza Yu seeking to recall its dismissal order issued against her in November last year but also imposed a harsher penalty.
The SC ordered Yu’s disbarment and removal from the roll of lawyers.
The high court cited the violations committed by the judge as basis for her disbarment, saying her liabilities under the New Code of Judicial Conduct for the Philippine Judiciary also made her liable under the Code of Professional Conduct for Lawyers.
For refusing to serve on night court duty, the SC said Yu violated Canon 1 of the Code, which requires lawyers to uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.
The tribunal also ruled that Yu, in sending inappropriate messages with sexual undertones to a fellow judge, violated Canon 11, which requires lawyers to maintain respect to the courts and judicial officers.
“Yu reportedly sent alarming messages with sexual undertones via Facebook and e-mail to a fellow judge starting in 2009 when she was still a public prosecutor. While the actions happened prior to her appointment to the judiciary, the SC said, adding that the suspect stalked the victim through the online social media platform Facebook until 2010.
It likewise found Yu guilty of gross misconduct, violation of the lawyer’s oath and willful disobedience of a lawful order.
“Given her wanton defiance of the Court’s own directives, her open disrespect to her fellow judges, her blatant abuse of the powers appurtenant to her judicial office, and her perchant for threatening the defenseless with legal actions to make them submit to her will, we should also be imposing the penalty of disbarment,” the SC said.
“The practice of law is a privilege, and only those adjudged qualified are permitted to do so. The respondent [Yu] has fallen short of this standard thus meriting her expulsion from the profession,” it added.
The high court earlier ordered the forfeiture of all Yu’s benefits, except accrued leave credits, and disqualified her from any public office or employment.
