Palawan judge fined for using court as residence

Courtrooms cannot be used for residential or commercial purposes.

The Supreme Court’s First Division stressed this in a recent ruling as it fined a judge in Palawan for using her sala as her house in the past seven years.

Evelyn Cañete of the Brookes’s Point-Sofronio Española-Bataraza Municipal Circuit Trial Court was ordered to pay a fine of P11,000 after she was found guilty of violating Administrative Circular 3-92 issued by the high tribunal.

In a seven-page ruling penned by Associate Justice Mariano del Castillo, the SC also warned Cañete of a more severe penalty if the same or a similar offense is committed. “There is always a price to pay for tainted offerings, however innocuous or harmless they may appear... The price is almost always loss of integrity or at the very least compromised independence... That is a stiff price to pay, especially by a member of the judiciary, whose basic, irreducible qualification is unimpeachable integrity,” the SC ruling read.

Court stenographer Edgar Abiog filed a complaint against Cañete for serious misconduct, dishonesty, conduct unbecoming of a judge and conduct prejudicial to the best interest of service.

Records showed that Cañete started using the courtroom, which was also reportedly extended upon her supervision, as her living quarters in August 2011. The SC also cited instances when the family members and friends of the judge used the courtroom, with the municipal government paying for their water and electricity bills.

Cañete denied the allegations, saying the complainant was referring to the space previously occupied by the prosecutor, public attorney and clerk of court. She said the municipal government repaired the area to express its gratitude for her contribution to the community.

Cañete said it was convenient for her to stay in her office because she often work overtime.

The Office of the Court Administrator said it found sufficient evidence that Cañete “exploited” her title to enjoy the privileges accorded to her by the municipal government of Brooke’s Point.

The SC also cited a supposed agreement between Cañete and Mayor Mary Jean Feliciano that instead of giving the judge an additional representation and transportation allowance (RATA), the local government is allowing her to use her office as her residence.

The high tribunal said it is not the obligation of the local government to pay Cañete’s RATA.

“If we give weight to respondent judge’s explanation... all judges might as well reside within the premises of the Halls of Justice,” the SC said.