THE Supreme Court (SC) ordered the arrest of Joaquin Borromeo, an engineer who represented himself in a string of cases and, in the course of the proceedings, filed cases against the judges who did not rule in his favor.
In a resolution signed by Justice Renato Corona, the High Court’s first division cited Borromeo in “constructive contempt of court” and sentenced him to 20 days at the Cebu City Jail and to pay a fine of P5,000.
"The Manny Pacquiao Blog". Click here for stories and updates on the Filipino boxing champ.
He was also given a “stern warning that a repetition of similar or other offense against courts, judges or court employees shall merit serious sanctions.”
Agents of the National Bureau of Investigation served the order yesterday morning and picked Borromeo up at his home in Mabolo, Cebu City and brought him to jail.
Judges Monalila Tecson and Olegario Sarmiento, whom Borromeo charged administratively together with Judge Glenda Go, declined to comment on the arrest when interviewed separately.
Reactions
“I have long forgotten that case,” said Tecson when informed of the arrest. She commented though that Borromeo has no background in law and that this was apparent when he argued his own case.
“When I issued rulings, he would question what was my basis,” she said.
Sarmiento, on the other hand, said the High Tribunal cleared him of the case Borromeo filed last year.
“Maybe this will remind litigants not to file frivolous cases against judges anymore,” he said.
Borromeo charged Sarmiento, Tecson and Go with “rendering unjust judgment/order.”
The case, in turn, stemmed from their separate rulings in an ejectment and collection of rent and damages suit Borromeo filed against businessman Michel Lhuillier 10 years ago.
Lhuillier leased a property that Borromeo owned but the United Coconut Planters Bank was foreclosing on.
Sarmiento said he dismissed the case because Lhuillier presented a valid lease.
Borromeo appealed the ruling before the Regional Trial Court (RTC) but Sarmiento’s decision was upheld.
Lhuillier, represented by Atty. Romulo Senining, then moved for the release of a sum of money the court had held while the case was pending.
Quixotic stand
By that time, however, Sarmiento was no longer with the Municipal Trial Court in Cities, having been appointed to the RTC.
Judge Go, then temporarily presiding over the court Sarmiento left, granted the motion, noting that the dismissal of Borromeo’s case had become final and executory.
Borromeo, however, filed a motion for reconsideration. In 2005, Judge Tecson, who by then got appointed as presiding judge of the branch, denied the motion.
Borromeo then filed a case against all three judges, citing them for gross ignorance of the law and obstruction of justice.
The SC dismissed the complaint in a ruling in October last year.
It ordered Borromeo to “show cause why he should not be cited for contempt for filing (a) malicious and unfounded complaint.”
“Respondent judges’ exercise of judicial function and as such could not be the proper subject of an administrative inquiry in the absence of fraud, bad faith, evil intention or corrupt motive,” the ruling read.