Friday, March 2, 2012

No proof that homosexual judge is immoral - A.M. No. MTJ-10-1761

A.M. No. MTJ-10-1761

"X X X.

Complainants failed to present any proof of respondent’s alleged relationship with another woman, so as to justify a charge for immorality. There was no evidence that respondent engaged in scandalous conduct that would warrant the imposition of disciplinary action against him. We take this occasion to remind respondent, however, that the New Code of Conduct for the Philippine Judiciary1 provides that, as a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen. In particular, judges must conduct themselves in a way that is consistent with the dignity of the judicial office.2 Occupying as he does an exalted position in the administration of justice, a judge must pay a high price for the honor bestowed upon him. Thus, the judge must comport himself at all times in such a manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public that looks up to him as the epitome of integrity and justice.3

With respect to respondent’s alleged homosexuality, such issue is for the determination of the trial court wherein the petition for declaration of nullity is pending. Thus, we also agree with the investigating judge and the OCA in absolving respondent from the charge of dishonesty. The fact that respondent got married and had children is not proof against his claim of homosexuality. As pointed out by the investigating judge, it is possible that respondent was only suppressing or hiding his true sexuality.

x x x."

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