Metro Manila (CNN Philippines, March 30) — The Supreme Court dismissed a judge who threw out the case of a hazing victim.
Judge Perla Cabrera-Faller of the Dasmariñas, Cavite Regional Trial Court was found guilty of gross ignorance of the law and for violating the Code of Judicial Conduct, the Supreme Court said in a per curiam decision on Wednesday. “Per curiam decision” refers to a decision issued in the name of the entire court, than as individual opinions by each justice.
The Supreme Court said there was haste by Faller in the disposition of the case of 21-year-old San Beda College law student Marc Andrei Marcos.
“Her actuations put in serious doubts her integrity and honesty, both as a person and a member of the bench,” it said.
The case stemmed from the death on July 30, 2012 of Marcos during the initiation rites of the law fraternity Lex Leonum Fraternitas.
The Supreme Court criticized Faller’s dismissal of the case, saying she did not take into consideration and evaluate the Office of the City Prosecutor’s resolution and evidence.
The high court said the strong evidence the prosecution had provided Faller would have been good cause for the judge to conduct hearings, in light of the opposing statements from prosecution and defense witnesses.
“Precipitate dismissal of the case, in the face of overwhelming evidence, can only raise quizzical eyebrows,” the Supreme Court said.
Faller issued an arrest warrant against the accused when the case reached her, but later recalled the arrest order upon the motion of three of the suspects.
She then dismissed the case for lack of probable cause.
Marcos’ grandfather, retired Judge Martonino R. Marcos, filed administrative charges against Faller, on accounts of ignorance of the law, misconduct, violation of the Anti-Graft and Corrupt Practices Act, and for rendering unjust order.
The Supreme Court also forfeited Faller’s retirement benefits.
