OCA v. Judge Floro (87.

55%) and “with full second honors

March 31, 2006 from Ateneo, A.B. and L.L.B”.

Chico - Nazario, J. • His branch clerk of court would announce

 
his appointment with an introduction of
The judge who believes in psychic visions, can his school, honors, bar rating and law
foresee the future, is friends with dwarfs (Luis, practice.

Armand, and Angel), can write while on trance,

and likens himself to the “angel of death”.
b. Allowing the use of his chambers as
 
sleeping quarters.

FACTS: • During the audit, his aide/driver was

This case is consolidated from three separate found to be sleeping on a folding bed
administrative charges involving Judge Floro.
inside his chambers.

1995 – Atty. Florentino V. Floro, Jr. first applied c. Rendering resolutions without written
for justice. The requisite psychological orders.
evaluation on him by the SC Clinic Services • After granting the motion, he would just
revealed “evidence of ego disintegration” and require the parties to sign the minutes of
“developing psychotic process”. He later the session instead of issuing a written
voluntarily withdrew his application.
order.

1998 – He applied again and the required d. Alleged partiality in criminal cases where he
psychological evaluation exposed problems declares that he is pro-accused.
with self-esteem, mood swings, confusion, • Judge Floro declares that he is pro-
social/interpersonal deficits, paranoid ideations, accused for the reason that he
suspiciousness, and perceptual distortions.
commiserated with them and especially
those under detention as he, himself, had
Both the 1995 and 1998 reports concluded that been accused by his brother and sister-
Atty. Floro was unfit to be a judge.
in-law of so many unfounded offenses.

H o w e v e r, b e c a u s e o f h i s i m p r e s s i v e e. Appearing and signing pleadings before an

background (apparently, he graduated from RTC.

Ateneo Law, seconds honors, and ranked 13th

in the 1983 bar exams), the JBC allowed him to f. Appearing in personal cases without prior
seek a second opinion form private authority from the SC and without filing the
practitioners.
corresponding applications for LOA.

• Judge Floro admitted that he has

The second opinion appeared favorable so he personal cases pending before the lower
was appointed as RTC Judge of Branch 73, courts in Bulacan but that he is appearing
Malabon City.
and filing pleadings in his capacity as
party and counsel for himself.

H o w e v e r, f o u r m o n t h s i n t o h i s n e w • He indicates in his pleadings that he is

appointment, an audit was conducted on his the Presiding Judge of Branch 73, RTC of
sala (upon his personal request) and a report Malabon and attached a copy of his oath
was submitted by the OCA recommending that taking and his picture with President
he be subjected to an appropriate Estrada.

psychological or mental examination and

placed under preventive suspension during the g. Proceeding with the hearing on the Motion
investigations.
for Release on Recognizance without the
presence of the trial prosecutor.

The Court adopted the OCA recommendations • Judge Floro propounded questions to the
in view of the following:
custodian of the accused without the
 
accused being sworn by the
a. Circulating calling cards containing self- administering officer.

laudatory statements and announcing in • After reading the sentence, he would also
open court during his session his automatically inform the accused that
qualification. they are qualified to apply for probation
• Judge Floro was circulating calling cards and would even instruct his staff to draft
indicating that he is a “bar topnotcher the application for the accused.

 m. Violating Circular No. 135 – that trial of

h. Ta k i n g a d v a n t a g e o f h i s m o r a l cases should be conducted efficiently and
ascendancy to settle and then dismiss a expeditiously.

criminal case by persuading the • Judge Floro discusses matters involving

complainant and the accused to sign the his personal life and beliefs during trial.

settlement even without the presence of the • He claims that he is endowed with
trial prosecutor and in the guise of settling psychic powers, and that he can inflict
its civil aspects.
pain and sickness to people, that he is
• Judge Floro apparently forced the private the angel of death, and that he has
complainant to settle the case against the unseen “little friends”.

accused despite the absence of the trial  

prosecutor
OCA Partial Report – recommended the
dismissal of Judge Floro from office by reason
i. Ordering the mental and physical of insanity which renders him incapable and
examination of the accused motu propio unfit to perform the duties and functions of an
and over strong objections of the trial RTC Judge.

prosecutor, on the ground that the accused  

is “mahina ang pick-up”.

ISSUE:

• Apparently, the accused in a criminal case Whether or not Judge Floro is guilty of the
was “nauutal” and has difficulty of charges against him and whether these
reasoning, speaking, and was very would warrant his dismissal.

nervous. And that he often changed his  

mind regarding his plea.

HELD/RATIO:
I. YES. He was FINED P40,000 and RELIEVED
j. Issuing an order which varies from which he of his functions as Judge and considered
issued in open court.
SEPARATED form service.

k. Openly criticized the Rules of Court and a. Calling Card

the Philippine justice system

i. He violated Canon 2, Rule 2.02 of Code of
• Judge Floro: “… hindi nila maayos ang Judicial Conduct: “a judge should not seek
Rules of Court natin, hindi realistic, publicity for personal vainglory”.

kinopya lang sa law of California on Civil ii. The use of a professional card is allowed so
procedure..”
long as it contains only basic information on the
• In one proceeding, instead of holding trial lawyer (name, law firm, address, tel. no., and
Judge Floro discussed in open court the special branch of law practiced).

case involving his brother. “Paano ko iii. It constitutes simple misconduct as he was
matatagpuan ang katarungan dito sa not motivated by any corrupt motive but from
korteng eto bulok ang hustisya.”
an unquenchable thirst for recognition.

iiii. As for the announcements, also simple

l. Using highly improper and intemperate misconduct since it only went on for a week.

language during court proceedings.

 

• Atty. Dizon, his Clerk of Court, testified as b. Sleeping Quarters

to Judge Floro’s propensity to criticize the i. There is nothing inherently improper in

judiciary and to use intemperate allowing another person to use his folding bed
language.
for short periods of time during office hours and
• He likewise criticized Judges and while there is no one in the room.

Justices: “Dyan sa Malolos sangkatutak  

  and corrupt na Judges…sa CA P25,000 c. Without Written Orders and g. Without the
ang pinakamababang lagayan dyan.”
Presence of the Prosecutor

• One time he called one Atty. Feliciano, a  

lady lawyer, [is this Ma’am??] “Luka-luka i. Under P.D. 968 (Probation Law), the release of
talaga yang babaing yan”
an accused on recognizance entails more than
• He would also use the following words: a cursory interview of the custodian and the
“Putang ina” and “Ako ang anghel ng applicant.

kamatayan”
ii. Judge Floro completely did away with the
requirement for an investigation report by the
probation officer.

iii. No judgment or order, whether final or custody of their “mild, mentally-retarded”

interlocutory, has juridical existence until and brother.

unless it is set down in writing, signed and ii. His act of filing a motion is but an isolated
promulgated.
case and does not in any wise constitute
iiii. Judge Floro’s insistence that orders made in practice of law and he is obviously not
open court need notbe reduced in writing lawyering for any person in this case as he
constitutes gross ignorance of the law. himself is the petitioner.

Likewise, his failure to follow the basic rules on iii. However, he is guilty of unbecoming
probation, constitutes gross ignorance of the conduct for indicating in his pleading that he is
law.
a presiding judge and for attaching a picture of
 
his oath-taking. He was obviously trying to
d. Partiality in Criminal Cases
influence/pressure a fellow judge.

i. Canon 2.01 - A judge should so behave at all iiii. As to charge (f), OCA failed to substantiate
times as to promote public confidence in the its claim that Judge Floro did not file
integrity and impartiality of the judiciary.
corresponding LOA.

ii. By broadcasting that he is pro-accused, he  

opened himself up to suspicion regarding his k.  Criticized the RoC and the Justice System
impartiality.
  and   l.   Highly Improper and
iii. He is guilty of unbecoming conduct as his Intemperate Language

capacity for objectivity is put in doubt.

i. The transcribed copy that was submitted by
 
the audit team is but an unofficial copy and
h . Ta k i n g A d v a n t a g e o f M o r a l does not, by itself, prove that what was being
Ascendancy  and j. Order that recorder as a court proceeding and thus cannot
Varies from that Issued in Open be used against Judge Floro as an
Court
unauthorized recording of a private
i. What was involved was an interlocutory order conversation.

which was amended or revised by removing the iii. Although there is no direct proof that Judge
stamp of judicial approval, the written order Floro said what is claimed to have said,
merely stating that Judge Floro was reserving nonetheless, evidence that he sees himself as
its ruling regarding the manifestations of the intellectually superior as well as his habit of
parties to enter into a compromise agreement.
crying foul when things do not go his way, show
ii. It was well within his discretion to revise an that it is likely that the criticized the RoC and
oral order thus there is no basis for the charge the judicial system and is thus guilty of
of dishonesty (under j).
unbecoming conduct.

iii. The controversial settlement between the  

parties never came to pass. Thus the charge m.  Violation of Circular No. 13-87

under (h) must likewise fail for lack of basis.

i. Circular No. 13-87, by itself, does not define
 
nor punish an offense but it merely sets
i. Ordering Physical and Mental Examination guideline in the administration of justice.

of the Accused
 

i. Sec. 12 (a) of Rule 116 of the 1995 Rules of In summary, he was guilty of seven out of the
Criminal Procedure does not require that the 13 charges:

suspension be made pursuant to a motion filed 1. Charge “a” – simple misconduct

by the accused.
2. Charges “c” and “g” – gross ignorance of the
ii. It was well within the discretion of Judge law

Floro to order the suspension of the 3. Charge “d” – unbecoming conduct

arraignment motu propio based on his own 4. Charge “e” – unbecoming conduct

assessment of the situation.

5. Charges “k” and “l” – unbecoming conduct

 
 

e. Appearing and Signing Pleadings before A judge guilty of gross ignorance of the law,
RTC and    f.   Appearing in Personal Cases
which is a serious charge, may be
i. No concrete proof of Judge Floro having dismissed from the service, suspended
appeared as counsel in his personal cases from office without salary   and other
after he had already been appointed Judge benefits for more than three but not
except that he prepared a pleading with his exceeding six months or fined in the
counsel of record in connection with a habeas amount of P20,000 – P40,000.

corpus case filed against his brothers for the  

Considering that he barely warmed his seat, his

relative inexperience, and that there is no
allegation that he acted in bad faith, a fine
of P40,000 is the appropriate penalty. The
findings of simple misconduct and
unbecoming conduct were treated as
aggravating circumstances.

II. The 13 charges are inextricably linked to the

charge of mental/psychological illness which
allegedly renders Judge Floro unfit to continue
discharging the functions of his office.

• The 1995, 1998, and 2000 psychological

evaluations all reported signs and symptoms of
psychosis.

• There is no indication that Judge Floro is

anything but an honorable man. In fact, out of
the 13 charges against him, he was not found
guilty of gross misconduct or acts or
corruption. However, the findings of psychosis
indicate gross deficiency in competence and
independence.

• He himself admitted that he believes in

“psychic visions”, of foreseeing the future
because of his power in “psychic
phenomenon”. He believes in “duwendes” and
that he can write while on trance and that he is
the “angel of death”

• Such beliefs are at odds with the critical and

impartial thinking required of a judge under our
judicial system.

• Judge Floro lacks the judicial temperament

a n d t h e f u n d a m e n t a l re q u i re m e n t s o f
competence and objectivity expected of all
judges.

III. Equitable considerations entitle Judge Floro

backwages and other economic benefits for a
period of three years

IIII. His separation from service does not carry

with it forfeiture of all or part of his accrued
benefits nor disqualification from appointment
to any other public office including GOCCs.