SC disbars female judge for sexual harassment

MANILA, Philippines - The Supreme Court (SC) has disbarred a female Pasay City judge for a slew of offenses, including sexually harassing a fellow judge and refusing to take on night court duty.

In a 22-page resolution promulgated on March 14 and released on Friday, the SC ordered the cancellation of Pasay Metropolitan Trial Court Branch 47 Judge Eliza Yu’s license to practice law and removal from the rolls of lawyers.

Yu was given a harsher penalty when she appealed the high tribunal’s dismissal order issued in November last year.

The SC cited the same violations committed by Yu as basis for her disbarment, saying her liabilities under the New Code of Judicial Conduct for the Philippine Judiciary also made her liable under the Code of Professional Conduct for Lawyers.

The high court held that Yu violated Canon 1 of the Code for not complying with SC Administrative Order (AO) 19-2011, which established night courts.

She also violated Canon 11, which requires lawyers to respect the courts and judicial officers by sending inappropriate messages with sexual undertones to a fellow judge.

The SC found Yu guilty of gross misconduct, violation of the lawyer’s oath and willful disobedience of a lawful order. 

“Given her wanton defiance of the court’s own directives, disrespect to her fellow judges, blatant abuse of the powers appurtenant to her judicial office and her penchant for threatening the defenseless with legal actions to make them submit to her will, the penalty of disbarment is hereby imposed,” the SC ruling read.

“The practice of law is a privilege, and only those adjudged qualified are permitted to do so. The respondent fell short of this standard thus meriting her expulsion from the profession,” it added.

The SC denied with finality Yu’s motion for reconsideration of the dismissal order and rejected her answers to the show-cause order on the disbarment.

The disbarment order was immediately executory as the SC wanted all courts nationwide and the Integrated Bar of the Philippines notified of the ruling.

In an earlier decision, the high tribunal ordered Yu’s dismissal after finding her guilty of gross insubordination, gross ignorance of the law, gross misconduct, grave abuse of authority, oppression and conduct unbecoming of a judicial official.

The SC also ordered the forfeiture of all her benefits, except accrued leave credits, and disqualified her from holding any public office, including in government-owned and controlled corporations.  

Based on the SC’s findings, Yu sent alarming messages with sexual undertones through Facebook and email to a fellow judge.

The high court noted that while the harassment started in 2009 when Yu was then a public prosecutor, she could still be disciplined for such acts committed prior to appointment to the judiciary since the stalking continued after she became a Pasay judge on Jan. 12, 2010 until July 2010.

In 2011, then chief justice Renato Corona issued AO 19-2011 in response to the request of the Department of Tourism to establish night courts in Pasay and Makati cities to expeditiously hear cases involving nighttime apprehensions as well as special cases under the rule on summary procedure and criminal charges against tourists.

Yu refused to abide by the SC order and questioned it before the office of Court Administrator Jose Midas Marquez.

She asked for additional compensation and security in case she would undertake night court duties.

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