EN BANC
[A.M. No. 16-08-04-SC. February 21, 2017.]
Re: Motu Proprio Fact-Finding Investigation on Allegation of Four [4] Incumbent Judges' Involvement in Illegal Drugs [Ref: Speech of President Rodrigo Roa Duterte Delivered on August 7, 2016 in Davao City]
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedFEBRUARY 21, 2017, which reads as follows:
"A.M. No. 16-08-04-SC (Re: Motu Proprio Fact-Finding Investigation on Allegation of Four [4] Incumbent Judges' Involvement in Illegal Drugs [Ref: Speech of President Rodrigo Roa Duterte Delivered on August 7, 2016 in Davao City]). — The report on Judge Antonio C. Reyes (Judge Reyes) of Branch 61 of the Regional Trial Court in Baguio City, a trial court specially designated to handle drugs cases, is now before this Court. It may be recalled that Judge Reyes was among the judges publicly named by President Rodrigo Roa Duterte as being involved in illegal drugs. 1
On 8 August 2016, the day following the speech of the President, Judge Reyes personally appeared before the Court Administrator to submit a statement denying his involvement in illegal drugs. 2
On 6 September 2016, Justice Roberto A. Abad sent an invitation to the Philippine National Police (PNP), the Philippine Drug Enforcement Agency (PDEA), and the four judges to 1) submit affidavits/counter-affidavits, documents or such other relevant information; and 2) appear before a preliminary conference on 15 September 2016. A conference was conducted on the specified date, as well as on 3 October 2016. Judge Reyes was present during those conferences. The PNP was represented by Atty. Wilson C. Asueta; and PDEA, by Atty. Roselyn A. Borja, Atty. Francis S. del Valle, and Ms. Ruby Obediente. HEITAD
On 16 February 2017, Justice Abad submitted his report 3 concluding his investigation of the allegations against Judge Reyes. The following documents submitted by PDEA were considered:
1) Affidavit executed by Paul A. Black on 26 October 2007
2) Memorandum from the acting Regional Director of the RO CAR dated 26 November 2007 with the subject "Update on the Special Report, Re: Connection of an Arrested Notorious Drug Pusher and a Drug Court Judge"
3) Affidavit executed by Melchora Nagen on 10 December 2007
4) Acknowledgment Receipt for P300,000 received from Richard Lagunilla and issued and signed by Norma Domingo
5) Unsigned and undated letter written in Tagalog and sent from an anonymous source
The sworn reply of Justice Reyes, along with its annexes, was likewise admitted and considered.
Below is an extended excerpt from the report of Justice Abad:
Judge Reyes has been hearing drugs cases in Branch [6]1 of the Baguio City RTC. Based on documents that the PDEA submitted, a certain Paul Black claimed in an affidavit he executed nine years ago on October 26, 2007 that a certain Norma Domingo gave P50,000 to Judge Reyes for the dismissal of the case against Black's wife. Black, whom the judge had previously convicted in a drugs case, said that he was able to give Norma only P15,000, which she accepted, but insisted that he pay the remaining P35,000 before July 5, 2007, the date of the promulgation of judgment against his wife. Black did so and Judge Reyes acquitted his wife. Unfortunately, Black had since died in prison according to PDEA.
On November 26, 2007 the PDEA Regional Director in Benguet claimed in a Memorandum to the Director General of that office that Judge Reyes inordinately dismissed the drugs cases against Norma Domingo, whom the judge had been using to negotiate pay-offs from those charged with similar offenses in his court. The memorandum claimed that Norma even issued a receipt for P300,000 that a certain Richard Lagunilla gave her in exchange for his acquittal by Judge Reyes. The PDEA planned in 2007 to entrap the judge but it dropped the idea as not feasible since payments to the judge were made through his driver. ATICcS
On December 10, 2007 Melchora Nagen executed an affidavit, stating that while in jail for violation of the drugs law, she met Norma Domingo who had also been detained for the same offense in 2005. Melchora claimed that, to her surprise, Judge Reyes ordered the release of Norma and certain members of her family from detention only after a few days. Norma later visited Melchora offering to work for her release for P100,000 to be paid to Judge Reyes. Norma later met with Melchora's family which bargained for P50,000. This resulted in her acquittal. Melchora later became Norma's friend and accompanied her in her jail visits when she tried to convince those facing charges before Judge Reyes' court to raise money for their acquittal. Melchora often heard Norma bargain with Judge Reyes for the lowering of the amounts that were to be paid him. Sometime in September 2006 Norma requested Melchora to accompany her in delivering to Judge Reyes the P300,000 that Richard Lagunilla gave for the acquittal of his wife. They even counted the money. But the judge called Norma and told her to just give the money to somebody known to her. They gave the money to a medium built and balding man in front of Paddie's Point, whom Melchora recognized as the person who assisted the judge during court hearings. Unfortunately, the PDEA said they have lost track of Melchora and would be unable to present her.
An anonymous person also wrote an undated letter reporting the pattern of bribery that Norma Domingo allegedly arranged for Judge Reyes involving the drugs cases in his court. The writer claims that Judge Reyes convicted his relatives since they were unable to raise the money that they were asked to pay. The writer claimed that the lawyers and other judges in Baguio City were aware of such anomalies. The anonymous writer said that Attys. Mamaril, Bomogao, Felix, and Katigbak, who were close to Judge Reyes, obtained acquittals for their clients.
For his part, Judge Reyes submitted a sworn reply, vehemently denying the charges against him. He said that he abhorred corruption as evidenced by the fact that he charged one of his staffs with collecting money from those whom he had acquitted and the Supreme Court dismissed that member of his staffs. PDEA itself, according to Judge Reyes, gave him no less than sixteen commendations for "exemplary efficiency and dedication to duty." He admits that he had acquitted some but the evidence against them was deficient based on the Supreme Court criteria for conviction in drugs offenses. As for the allegation that he improperly dismissed the drugs case against Norma Domingo, Judge Reyes pointed out that the dismissal was based on the prosecutor's admission in open court that his witness against Norma, PDEA officer Abordo, had nothing to do with the operation that led to her arrest.
Justice Abad recommends that an administrative case for corruption be instituted against Judge Reyes based on the Affidavit of Melchora Nagen. He also recommends that the Court order PDEA and the PNP to ascertain her whereabouts. According to Justice Abad, PDEA's manifestation that witnesses declined to testify is not a valid excuse, since they may be compelled to testify by subpoenas from the Court. He believes that the affidavit of Nagen constitutes a serious charge of corruption against Judge Reyes, and that the Court should not simply accept that PDEA has lost track of her whereabouts. TIADCc
WHEREFORE, the Court ACCEPTS the report entitled "Fact-Finding Investigation of Judge Antonio Reyes whom President Duterte claims to have been involved in illegal drugs." With this acceptance, Justice Roberto A. Abad is considered DISCHARGED from his designation as the sole investigator for this administrative matter.
The Office of the Court Administrator is DIRECTED 1) to proceed with the inventory of cases decided by Judge Antonio C. Reyes to determine whether there is basis for the allegation that convictions were reversed in exchange for money; 2) to investigate the driver of Judge Reyes for bribery, and further, if the said driver took money from litigants on behalf of Judge Reyes; and 3) to request the National Bureau of Investigation to locate the witnesses identified in the report of Justice Abad.
The National Bureau of Investigation is DIRECTED to submit a report on its findings relative to the request within a period of thirty (30) days." Reyes, J. on official leave. (adv12)
Very truly yours,
(SGD.) FELIPA B. ANAMAClerk of Court
Footnotes
1. In a Resolution dated 6 December 2016, this Court terminated the fact-finding investigation on Judges Exequil L. Dagala, Adriano S. Savillo, and Domingo L. Casiple, Jr. after finding that no evidence had been put forward that would link them to the use, proliferation, trade or involvement in illegal drugs.
2. Letter of the Court Administrator to the Chief Justice, p. 2.
3. Re: Fact-Finding investigation of Judge Antonio Reyes whom President Duterte claims to have been involved in illegal drugs.