ATTY. LENY S.
SANCHEZ – Basic Legal and Judicial Ethics
Tan v. Rosete
Case Ponente Promulgation Date
A.M. No. MTJ-04-1563 PUNO, J. September 8, 2004
Facts:
➢ Lucila Tan was the private complainant in two criminal cases against
Alfonso Pe Sy pending before Judge Rosete's court.
➢ Tan alleged that a staff member of Judge Rosete met her and showed her
unsigned draft decisions dismissing her cases.
➢ The staff member demanded P150,000 from Tan for each case, saying
Judge Rosete would reverse the decisions if paid.
➢ Tan presented a copy of the unsigned draft decision given to her by the
staff member.
➢ Judge Rosete claimed it was Tan who tried to bribe him and sought the
help of then San Juan Mayor Jinggoy Estrada.
➢ Tan met with Judge Rosete and his companions at a restaurant in April 2001,
around the time of the alleged bribery attempt
➢ Tan testified clearly and presented documentary evidence supporting her
allegations.
➢ It would be impossible for Tan to obtain the judge's confidential draft
decision unless from the judge or his staff.
➢ A court employee cannot promise to reverse a case's disposition without
assurance from the judge.
➢ Judge Rosete denied the allegations and claimed Tan tried to bribe him.
➢ He said Tan sought Mayor Estrada's help to obtain a favorable decision.- His
witnesses' testimonies contradicted each other regarding meeting Tan at a
restaurant.
Issue/s:
➢ Whether Judge Rosete demanded money from Tan in exchange for a
favorable decision.
➢ Whether Tan attempted to bribe Judge Rosete.
Ruling/Held:
➢ YES. The Court found Tan's version more credible based on her clear
testimony, the documentary evidence she presented (the judge's draft
decision), and the contradictory statements of Judge Rosete's witnesses. It
would be impossible for Tan to obtain the confidential draft decision unless
it came from the judge or his staff. A court employee cannot promise to
reverse a case's disposition without assurance from the judge. Judge
Rosete's act of sending a staff member to solicit money from a litigant and
meeting litigants outside office premises constitute gross misconduct
punishable under the Rules of Court.
➢ NO. The Court did not find Judge Rosete's claim that Tan tried to bribe him
convincing, given the contradictions in his witnesses' testimonies and the
lack of documentary evidence to support his allegations.
Ratio Decidendi:
➢ The Supreme Court suspended Judge Maxwel S. Rosete from office without
salary and other benefits for four (4) months for gross
Galicia, Francis T. / Case Digests/ 06-29-24
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