THE Supreme Court (SC) has dismissed a municipal trial court judge in the province of Biliran after he was found guilty of gross misconduct for manipulating the procurement of medical supplies for the city government of Manila.
Ordered dismissed by the SC en banc was Judge Ateneones Bacale, presiding judge of the Municipal Circuit Trial Court (MCTC) of Biliran-Cabucgayan in Biliran.
Records of the case showed that in 2016, Bacale offered pharmaceutical supplier Aldrin Magaoay a project worth P50 million for the supply of medicines to four hospitals in Manila.
Bacale supposedly told Magaoay that his former wife Romilda, who was then the executive secretary of then Manila mayor Joseph Estrada, could help facilitate the procurement of medical supplies in his favor without the required bidding process.
Over the next three years, Magaoay said he gave Bacale various amounts of money through bank transfers or personal delivery.
Magaoay told the court that in one instance, he was even able to take a photo of Bacale counting the money that he received from him.
When the payments reached almost P20 million without any progress on the project, Magaoay said he realized that Bacale and his wife were merely scamming him, which prompted him to file an administrative complaint against the judge for gross misconduct.
During the Judicial Integrity Board (JIB) proceedings, Bacale explained that he only acted as a messenger for his wife to get some documents from Magaoay.
He said he followed her instructions in gratitude for helping him recover after typhoon “Yolanda” destroyed his home. The couple had been separated for more than 30 years.
Romilda, on the other hand, claimed that due to her heavy workload as Administrative Officer IV at the Office of the City Mayor of Manila, she asked Bacale to get documents from Magaoay for a project.
When she realized the bidding documents from Magaoay were fake, she said she immediately promised to return the amounts paid by the latter.
The JIB found Bacale guilty of gross misconduct and recommended that he be dismissed from the judiciary for violating the New Code of Judicial Conduct.
In its July 23, 2024 ruling, the Court en banc agreed with the JIB’s decision.
“Here, Judge Bacale has shown a stubborn disregard of the rules which cast doubt on his integrity and sense of propriety as shown by the totality of the circumstances relating to his participation in his wife’s illegal transaction. He did not inform his wife that it would not be proper for him to assist in her transactions. He should have known that family concerns are only secondary to protecting the integrity of the judiciary,” the SC held.
It stressed that judges must observe the highest standards of conduct, including acting in a way that reaffirms public trust in the courts.
“Judges should also avoid any behavior that seem improper, as outlined in Canon 4 on Propriety,” it said, adding that when judges break the law, “it reduces public trust in the courts.”
The SC also said that judges can be held responsible for gross misconduct if they deliberately do wrong.
“When judges become the transgressor of any law which they are sworn to apply, they place their office in disrepute, encourage disrespect for the rule of law, and impair public confidence in the integrity and impartiality of the judiciary itself. It is therefore paramount that the personal behavior of judges, both in the performance of their duties and daily life, be free from any appearance of impropriety as to be beyond reproach,” it said.
In the instant case, the SC said Bacale admitted that he knew his wife was illegally influencing the bidding for medical supplies and still took part in this by acting as her “bag man” by receiving the bidding documents and money from Magaoay.
Aside from ordering his dismissal from the service, the SC also forfeited all benefits due to Bacale, except for accrued leave benefits, and prohibited his future employment in the government.
