THE Supreme Court has dismissed a Baguio Regional Trial Court judge from the service after finding him guilty of ignorance of the law for reversing the final and executory ruling of a fellow judge involving the controversial case of the so-called Golden Buddha.
In a per curiam—unanimous—decision, the Court dismissed Judge Fernando Vil Pamintuan after former First Lady Imelda Marcos accused Pamintuan of reversing motu propio (on his own) the final and executory order of then acting presiding judge Antonio Reyes dated May 30, 1996, in Civil Case 3383 or “Albert Umali, in his capacity as the exclusive administrator and as president of the Treasure Hunters Association of the Philippines v. Jose D. Roxas et al.”
Judge Reyes dismissed the case and directed that the Buddha statuette in the custody of the court be immediately released to the children of the late Rogelio Roxa—Henry and Gervic, and to decedent’s brother, Jose, in trust for the estate of the late Rogelio Roxas.
Mrs. Marcos claimed that Judge Pamintuan’s act constituted gross ignorance of the law, arguing that final and executory judgments of lower courts are not reviewable even by the Supreme Court.
In its report, the Office of the Court Administrator (OCA) found merit to the complaint filed by Marcos and recommended that Judge Pamintuan be dismissed from the service.
“The Court agrees with the view of OCA that Judge Pamintuan manifested gross ignorance of the law in issuing the questioned August 15, 2006, order. Verily, he failed to conform to the high standards of competence required of judges under the Code of Judicial Conduct,” the SC said in affirming the recommendation of the OCA. --J. San Juan
