THE Supreme Court has ordered a Davao City trial court judge to pay P700,000 in fines after he issued an order directing the execution and garnishment of $17 million against Shell Oil Company subsidiaries and affiliates, including Pilipinas Shell Petroleum Corporation (PSPC).
In an 18-page decision dated March 28, 2023 but only made public last June 19, the court en banc affirmed with modification the recommendation of the Judicial Integrity Board against Davao City RTC Branch 14 Judge George Omelio.
The JIB report dated February 16, 2022 said Omelio is liable for gross ignorance of the law when he issued the assailed orders and said he should be made to pay a fine of P40,000.
The Court en banc decision penned by Associate Justice Ramon Paul Hernando modified the JIB’s recommendation, explaining Omelio should be meted a higher fine — P700,000 — considering that he is guilty of two counts of gross ignorance of the law, one count of grave abuse of authority and one count of gross misconduct constituting violations of the Code of Judicial Conduct.
“It is well-settled that for liability to attach gross ignorance of the law, the assailed order, decision or actuation of the judge in the performance of official duties must not only be found erroneous, but most importantly, it must also be established that he or she was moved by bad faith, dishonesty, hatred, or some other like motive,” the en banc said.
The en banc stressed that judges are expected to exhibit more than just cursory acquaintance with statutes and procedural laws as they must know the laws and apply them properly in good faith.
The case started from the civil case entitled Abenon v. Shell Oil Company or the Abenon case wherein Omelio ordered the garnishment of the amount of $17 million against Shell.
The case started on August 31, 1993 when thousands of banana plantation workers from over 14 countries instituted class action suits for damages in the United States against Shell and other companies.
On May 3, 1996, 1,843 Filipino workers filed a complaint for damages against the same foreign corporations before the trial court.
