A.M. No. MTJ-07-1692 [Formerly A.M. OCA I.P.I. No. 02-1289-MTJ] - ASUNCION B. VISBAL, COMPLAINANT, VS. JUDGE ROSABELLA M. TORMIS, MUNICIPAL TRIAL COURT IN CITIES, CEBU CITY, BRANCH 4.R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly reprimanded. She was also admonished for conduct unbecoming of a judge. On December 17, 2004, respondent was fined in the amount of P5,000.00 in Administrative Matters Nos. 04-7-373-RTC and 04-7-374-RTC, for gross violation of Section 17, Rule 114, for having approved the bail of an accused in Criminal Cases Nos. CEB-BRL-783 and 922 pending before the RTC, Branch 60, Barili, Cebu, absent showing of unavailability of all RTC judges in Cebu City. On March 16, 2005, respondent judge was admonished in Administrative Matter No. 04-1554-MTJ and reminded to be more circumspect in granting postponements. Clearly, being chastised thrice has not reformed respondent. From the foregoing considerations, we find that the penalties recommended by the investigating judge and the OCA are not commensurate to respondent judges misconduct which is aggravated by her past misdeeds. Respondent judges infraction merits suspension from the service for six (6) months. [41] (Italics in the original), Respondent was thus, in Lachica, suspended from office for six (6) months without salary and other benefits for gross misconduct. Gross misconduct, a serious charge under Section 8, Rule 140 of the Rules of Court, carries a penalty of fine ranging from P20,000 to P40,000, or suspension from office without salary and other benefits for more than three months but not exceeding six months. [42] To the Court, suspending respondent for six (6) months without salary and other benefits is in order. A final word. To put to rest complainants persistent clamor for a copy of respondents July 2, 2002 Explanation-comment, the OCA is directed to furnish her with a copy thereof. WHEREFORE, respondent Judge Rosabella M. Tormis, Presiding Judge, Municipal Trial Court in Cities, Cebu City, Branch 4 is, for gross misconduct, SUSPENDED for six (6) months without salary, with a STERN WARNING that still another repetition of a similar act will be dealt with most severely. The Office of the Court Administrator is DIRECTED to furnish complainant Asuncion B. Visbal with a copy of respondents July 2, 2002 Comment on the complaint. SO ORDERED.