Lessons From Administrative Matter No. SB-14-21-J

A.M. No. SB-14-21-J is an administrative case against a former Associate Justice of Sandiganbayan, Justice Gregory Ong who was charged and found guilty of Gross Misconduct, Dishonesty and Impropriety, which was a violation of the New Code of Judicial Conduct for the Philippine Judiciary, leading to his dismissal from service and forfeiture of all retirement benefits. The case has its roots from the controversial PDAF (Priority Development Assistance Fund) case that started off as a illegal detention case that has turned to a fiasco thanks to the controversial statements and allegations of the whistle-blower Benhur Luy, wherein several well known politicians on the legislative and executive branch of government, NGOs, Lawyers, Political Staff, Unknown Individuals, Celebrities and the woman branded by media as the queen of PDAF Janet Lim Napoles were involved. The administrative case was a result of a legislative inquiry made by the senate’s Blue Ribbon Committee that has eventually dragged Justice Ong to the current controversy through the testimony and evidence presented by Marina Sula, who was a former employee of Janet Lim Napoles. On Marina Sula’s sworn statement she has narrated several personalities that has visited the office of Janet Lim Napoles in Discovery Centre Ortigas from which Justice Ong was one of those who made such visit. The controversy was fueled even further when the Social News Network Site Rappler has posted photographs of Senator Jinggoy Estrata who was also alleged to be involved on the same controversy, Janet Lim Napoles and Justice Ong together on a certain event. These circumstances have raised questions against his integrity as a magistrate particularly in connection with the Kevlar Helmet case from which Janet Napoles was acquitted. In response to such allegations, Justice Ong has written a letter to Chief Justice Maria Lourdes Sereno explaining, defending and disputing allegations against him in order to defend his reputation as a judge and protect the Sandiganbayan as an institution. In response Chief Justice Sereno requested the Court En Banc to conduct an investigation. The court ordered Justice Ong to submit his comment from the said allegations which he eventually denied and contested that Sula’s statements are based purely on hearsay for she did not have any personal knowledge of her allegations and has not personally witnessed any contact between Justice Ong and Janet Napoles, she based her allegations purely on her belief of what Janet Lim Napoles has told her. Justice Ong however admitted that the controversial photograph was taken during the birthday party of Senator Estrada wherein she was engaged by Janet Napoles in a casual conversation in regards to the healing power of the robe of the Black Nazarene of Quiapo, from which Judge Ong requested assistance from Napoles to gain access to the Black Nazarene for he was a devotee and had hopes of being cured from his current illness (prostate cancer). Justice Ong also admitted that he did personally seen Janet Lim Napoles in her office to personally thank her for assisting him on his previous request. Justice Ong did not see any improper or irregular from his gestures for Napoles did not have any pending case with his court. Having all the circumstances and statements considered the Court En Banc has found possible transgression of the New Code of Judicial Conduct committed by Justice Ong, thus issuing a resolution requesting Justice Sandoval-Gutierrez to investigate, report and provides her recommendation on the said case. A recommendation was made by Justice Sandoval-Gutierrez finding Justice Ong Guilty of Gross Misconduct, Dishonesty and Impropriety and be meted with the penalty of Dismissal from service and forfeiture of all retirement benefits. Justice Sandoval-Gutierrez has found Justice Ong to have violated several Canons of the New Code of Judicial Conduct for the Philippine Judiciary, pointing out several ethical standards such as not be seen or going to parties or event where one of the party of a case under his division are attending, not be in a situation that would compromise the integrity of his office, accepting money from one of the party in a case his division handles, judges must ensure that their conducts are above reproach and affirms to the people’s faith in the integrity of the judiciary, and shall avoid impropriety and appearance of impropriety in all their activities. The Court En Banc has adopted the findings, conclusions and recommendations of the investigation justice for it was well supported by evidence on record from which Justice Ong was not able to neither rebut nor deny.

As for all stories that end up in a tragedy, we can always get a lesson out of it. In this case we can definitely say that a Justice or a Judge in any court in the Philippines as the visible personification of law and justice must adhere to certain level of personal conduct and imposes a number of inhibitions that should be faithfully observed. This is a price one has to pay for holding an exalted position in the judiciary.

A Justice of a Judge should exercise proper judgment especially on situations that would possibly compromise the integrity of his office. One instance would be on their social relations by attending events and parties from which they should be scrupulously careful to avoid actions that may reasonably tend to give suspicion that his social or business relation or friendship constitute an element in determining his judicial course but this does not suggest that Judges should live in retirement and seclusion but rather reminding judges to be more mindful of their actions specially when they are out in public and susceptible to scrutiny of the public. They must avoid impropriety, even the mere appearance of impropriety in all their activities both in their official/public and private life for their credibility as a magistrate of justice depends on how they portray themselves in and outside of the court. They should act in a proper and certain manner and not allow themselves to be associated with characters that would stamp questions and doubt on their credibility to hold their office. This includes not associating and distancing themselves personally and professionally on individuals that have questionable personalities and agendas and not affiliating themselves on individuals who are former and current parties on a case/s they handle. It also bears to stress that Judges should be impartial and must appear to be impartial to give rise and assurance of public confidence which must not be eroded by irresponsible and improper conduct such as fraternizing with litigants.

They should be honest and truthful in all of their dealings for their morality dictates their fitness and worth to be a member of the judiciary, specifically on situations that requires it or under oath to provide such statements, for they are not only officers but magistrate of the court/law and embodying such virtue and trait would not only give credibility to their office but also to the institution that they represent and more importantly to themselves.

These so called lessons are not something made out of thin air but are actually embodied and expressly provided in the Canons of the New Code of Judicial Conduct for the Philippine Judiciary which should be understood, embodied, practiced and know whole heartedly by Judges and Justices not only in their professional but in their personal life as well. These are ethical standard set forth to be followed by every Judge and Justices to maintain and win back the trust of the people in our judicial system.

What strikes me the most on this case is the existence of corruption and impropriety that plagues all branches of our government that instead of performing their duties and functions for the benefit of public interest they would rather do acts that would benefit themselves, even at the cost of a nation’s possible downfall. Has our society become this notorious that even the prominent justices who should protect the nation and its people be dictated by greed of money? Is it really true that justice in the Philippines is only for the rich? In this case that’s how it seems to be but I still believe in our justice system and that there are still competent and exceptional Judges and Justices that still do live by the oath they have taken upon admission to the practice of law and there are upcoming new breed of officers and magistrate of the court that shall elevate and protect the purpose and meaning of the law which would restore the prestige and credibility of the courts and justice system. This might not happen in an instant as change does not happen by a flick of a finger. We are all willing to wait and to do our own part in society to preserve and protect this nation as how it was mandated by our laws.