Cited Laws
TL;DR — Ruling
The case is now pending with Branch 74, RTC, Cebu City, docketed as Criminal Case No.
Accordingly, Judge Cinco made it to the shortlist of qualified applicants. [6] On August 2, 2023, the shortlist was transmitted to the OP. [7] Unknown to the JBC, on May 23, 2023, the Joint Task Group Cebu, 3ID, PA, Visayas Command (Viscom) filed a complaint before the DOJ against the Community Empowerment Resources Network (CERNET) for allegedly providing funds to the South-Eastern Front of the New People's Army (NPA), in violation of Republic Act No. 10168. [8] Judge Cinco, in his capacity as council member of the CERNET, was one of the accused named in the complaint. [9] On August 10, 2023, the DOJ issued a subpoena against Judge Cinco. [10] Thereafter, Judge Cinco filed his Counter-Affidavit on September 8, 2023. [11] Finding reasonable ground to believe that the crime charged was committed and that all accused are probably guilty thereof, the DOJ filed an information against all the accused on May 10, 2024. [12] The case is now pending with Branch 74, RTC, Cebu City, docketed as Criminal Case No. R-CEB-24-02727-CR. [13] On May 14, 2024, a warrant of arrest was issued by Branch 74, RTC, Cebu City against Judge Cinco. [14] He posted bail on the same day. [15] On August 30, 2024, the JBC received copies of the appointments of judges for the lower courts in Regions V to VIII. [16] Judge Cinco was appointed as presiding judge of Branch 29, RTC, Catbalogan City, Samar. On September 2, 2024, Judge Cinco took his oath of office. [17] In a Memorandum [18] dated September 16, 2024, the Office of the Court Administrator (OCA) brought to the attention of Chief Justice Alexander G. Gesmundo the matter of a pending criminal case for violation of Republic Act No. 10168 filed against Judge Cinco. As it turned out, a criminal case was filed against Judge Cinco after he submitted his application, but prior to his appointment. The Complaint In a Resolution [19] dated October 1, 2024, the Court En Banc noted the Memorandum dated September 16, 2024 of the OCA and directed Judge Cinco to show cause why no disciplinary action should be taken against him for his failure to report the aforesaid criminal case. Judge Cinco is charged of serious dishonesty and commission of a crime involving moral turpitude for taking his oath of office on September 2, 2024 without informing the Court of the criminal case filed against him. [20] He was indicted as early as May 10, 2024, or three months before he received his appointment as judge on August 30, 2024, but he did not disclose to the JBC or the OP that there was a criminal case filed against him. Comment of Judge Cinco In his Compliance [21] to the October 1, 2024 Resolution of the Court, Judge Cinco stated his explanation and prayed that the matter be considered closed. [22] Judge Cinco confirmed that he took his oath on September 2, 2024 following his appointment as presiding judge of Branch 29, RTC, Catbalogan City, Samar. [23] He admitted that sometime in August 2023, he came to know about a subpoena issued by the DOJ r