Tormis vs.
Paredes
A.M. No. RTJ-13-2366 Feb. 4, 2015
Mendoza, J.
Facts: In his class, respondent discussed the
controversies surrounding a fellow judge, including the
latter’s inclusion in an issue that was pending
investigation. Petitioner, the said judge’s daughter,
sought to make respondent administratively liable. The
SC found him not liable for misconduct, but held him
guilty of violating the sub judice rule and of conduct
unbecoming of a judge (for using intemperate language).
Doctrine: to constitute misconduct, the acts must have a
direct relation to and be connected with the performance
of official duties.
The sub judice rule restricts disclosures pertaining to the
judicial proceedings in order to avoid prejudging the
issue.
Facts:
- Jill Tormis (Jill), daughter of Judge Rosabella
Tormis (Judge Tormis), attended the Political
Law Review class of respondent Judge
Meinrado Paredes (Judge Paredes) in
SouthWestern University, Cebu City.
- Jill averred that in the said class, Judge Paredes
mentioned her mother’s name several times, all
of which are in bad light.
o Below are the statements:
 He named Judge Tormis as one
of the judges involved in the
marriage scams in Cebu City,
and that he talked about the case
even though the same is still
pending resolution in the SC,
which was in violaion of the
sub judice rule1;
 Said that Judge Tormis was
abusive of her position and was
corrupt and ignorant of the law;
 Mentioned that Judge Tormis’
son (Jill’s brother) was a known
drug addict.
o Because of the humiliation it brought to
Jill, the latter was forced to drop the
subject and to transfer to another school.
1
More info on the sub judice rule: “A violation of this rule
may render one liable for indirect contempt under Sec. 3(d),
Rule 71 of the Rules of Court” (Marantan vs Diokno (2014))
o Jill also averred that Judge Paredes
accepted a cash bail bond for the
temporary release of a person, contrary
to law.
- Judge Paredes, in his comment, stated that:
o it was necessary to talk about the
marriage scams precisely to provide
guidance to the law students, and that
the issue was already widely publicized
anyway;
o That there was nothing wrong in
discussing the admin cases involving
Judge Tormis as these are already
known to the legal community and that
some have already been published in the
SCRA;
o That he admitted saying that Judge
Tormis’ son was a drug addict, and that
he should be removed from the judiciary
(the son was a court employee).
- Office of the Court Administrator (OCA):
referred the matter to the Executive Justice of
the CA (Cebu Station) for investigation and
report. Thereafter, it was received by Justice
Diy.
o Justice Diy held Judge Paredes guilty of
conduct unbecoming of a judge.
 His language was intemperate
during class discussions;
 Code of Judicial Conduct:
judges should be models of
propriety;
 Judge Paredes violated the sub
judice rule by discussing the
marriage scams even if the issue
is still pending;
 With regard the cash bail bond
issue, no sufficient evidence
was presented to make him
liable for grave abuse of
misconduct.
o Based on these findings, she
recommended the penalty of Reprimand.
Held: The Court adopts the findings and
recommendations of Justice Diy except as to the
penalty.
- Misconduct is defined as a transgression of
some established and definite rule of action,
 more particularly, unlawful behavior or gross - Re: cash bail bond, the SC affirmed the
negligence by a public officer. explanation of Judge Paredes and Justice Diy’s
o The misconduct is grave if it involves finding that the former was merely following
any of the additional elements of protocol.
corruption, willful intent to violate the o Judge was merely following AM 03-02-
law, or to disregard established rules, SC, which authorizes executive judges
which must be established by substantial to act on petitions for bail on Saturdays
evidence. (after 1 o’clock), Sundays, official
o To constitute misconduct, the acts must holidays and special holidays. If the
have a direct relation to and be accused deposit cash bail, the executive
connected with the performance of his judge shall acknowledge receipt in
official duties. writing and issue a temporary receipt
 Considering that the acts therefor.
complained of were made by o These were followed by Judge Paredes.
Judge Paredes in his class - Considering that this is the first offense of Judge
discussions, they cannot be Paredes, the appropriate penalty is admonition.
considered as “misconduct”.
They are not related to the The SC finds Judge Paredes administratively liabke
discharge of his official for conduct unbecoming of a judge and
functions as judge. Thus, he ADMONISHES him therefor.
cannot be held liable for
misconduct, much less grave
misconduct.
- Judge Paredes though is guilty of violating the
sub judice rule.
o The sub judice rule restricts
comments and disclosures pertaining
to the judicial proceedings in order to
avoid prejudging the issue,
influencing the court or obstructing
the administration of justice.
o Commenting on the marriage scams,
where Judge Tormis was one of the
judges involved, was in contravention
of the sub judice rule.
- A judge must exhibit the hallmark judicial
temperament of utmost sobriety and self-
restraint. He should choose his words and
exercise more control in expressing himself.
o Even though Judge Paredes’ intention of
sharing the issue seemed noble, and the
issue being a publicized one, these did
not give him the unrestrained license to
criticize Judge Tormis in his class
discussions.
o He even included Judge Tormis’ son,
who was entirely not connected with the
issue.