The Supreme Court has ordered the dismissal of a Surigao del Norte judge who had been linked by President Rodrigo Duterte to illegal drug trade.
In a 21-page decision, the SC approved the removal from the judiciary of Dapa-Socorro, Surigao Municipal Circuit Trial Court Judge Exequil Dagala over a separate administrative case.
Dagala was previously cleared by the SC of his alleged involvement in illegal drugs in its ruling promulgated last December.
In ruling against Dagala, the high court found him guilty of immorality and gross misconduct after he was caught on video carrying an M-16 armalite rifle and having a child with a mistress, according to the SC.
The tribunal imposed the penalties of perpetual disqualification from re-employment in any public office and forfeiture of his retirement and other benefits except accrued leave credits.
The dismissal arose from a letter-complaint filed before the Office of Ombudsman in 2015 by a resident of San Isidro, Siargao Island who had witnessed the altercation involving his neighbors and Judge Dagala over the ownership of his neighbor’s lot and the trees planted thereof.
The complainant submitted a recorded video of Dagala shouting invectives while brandishing an M-16 armalite rifle.
Upholding the findings of the Office of the Court Administrator, which had been ordered to investigate the case, the SC ruled that there was sufficient evidence to hold the judge accountable for gross misconduct in connection with the incident.
It held that Dagala’s actuations as recorded in the video were “unacceptable for a member of the bench and should merit a finding of administrative liability. This is without prejudice to any criminal action that may also be filed against him.”
The high court also upheld OCA’s finding that the judge was guilty of immorality for siring a child with another woman during the subsistence of his marriage.
It noted that Dagala, in his comment, admitted he was married but was separated and “without any remorse” has three children with three different women.
The High Court said that it does not “seek to interfere with a judge’s relationships” but nevertheless stressed that immorality is a valid ground for sanctioning members of the judiciary.
“We understand the undeniable sadness of a failed marriage. We understand that judges and justices are also human, and are naturally inclined to search for what is good and what gives meaning, including happy and fulfilling relationships. Nevertheless, choices are made within particular contexts and in consideration of duties and obligations that must be honored,” read the ruling.
“More importantly, choices have consequences. Judge Dagala made his choice. He must now face the repercussions. Thus, as much as we commiserate with Judge Dagala, we remain a court of law with a mandate to dispense even-handed justice,” the SC pointed out.
Dagala was one of the four judges listed in the “narco-list” made public by Duterte last year. The three others were Judges Adriano Savillo of Iloilo City regional trial court, Domingo Casiple of Kalibo, Aklan RTC and Judge Antonio Reyes of Baguio RTC.
The SC has conducted fact-finding investigation on the charges and cleared Dagala, Savillo and Casiple in a ruling last December.
Last February, the high court initiated an administrative case for corruption against Reyes.