LEGAL PROFESSION

A.Y. 1819– JUDGE CALDONA

TOPIC The Law and Society, Canon 2 § Napoles mentioned to him the Kevlar case and that she had a
CASE NO. G.R. No. A.M. No. SB-14-21-J “connect” in the Sandiganbayan. When asked who the connect
CASE NAME Re: Allegations Made Under Oath At the Senate was, Benhur said that it was Respondent.
Blue Ribbon Committee § He further testified that Napoles told him that she “fixed” the
case because of her connect in the Sandiganbayan. Probed
PONENTE Villarama, J.
further as to the meaning of “fixed”, Benhur testified that
PETITIONER Senate Blue Ribbon Committee PHP100 million pesos was listed as an expense in the ledger of
RESPONDENT Justice Gregory Ong the company owned by Napoles and that such were given to
TYPE OF different people during the pendency of the case and that she
CASE also gave money to respondent but the amount was not
Member Sofia David mentioned to Benhur.
§ Further, Benhur testified that respondent went to the office of
ISSUE Napoles twice in Ortigas and gave a check to Napoles
amounting 25.5 million to be placed as a loan to the AFPSLAI
1. WON respondent can be found guilty of gross misconduct, and which would receive a very high interest rate and that
dishonesty and impropriety. YES. respondent received 11 checks in return each amounting to
PHP 282K as advanced interest earned from the loan of his
RELEVANT FACTS money to the Armed Forces of the Philippines and Police
- Sandiganbayan Associate Justice Gregory Ong was one of the Savings and Loan Association (AFPSLAI) which Napoles had
officials mentioned by the whistle-blowers with regard to the PDAF a personal account paying 13% interest annually.
scams. o Sula Testimony
- The whistle blowers were Benhur Luy, a cousin of Napoles who § Sula, the long-time employee, corroborated the testimony of
worked for her for several years, Marina Sula, an employee of Benhur, by stating that Napoles told her and other employees
Napoles, and Aries Rufo, a reporter from Rappler. that she has a contact with the Sandiganbayan which was
- The SC ordered an investigation to be conducted by Justice Respondent and that they should not be worried in case a suit
Sandoval Gutierrez was filed against Napoles regarding the PDAF funds.
o It was discovered that two criminal cases, the Kevlar cases, § She also testified that Napoles told them that Justice Ong will
were filled with the SB in 2001 for the Falsification of help Napoles in the Kevlar case.
Public Documents and the Anti-Graft Law against officers § Rufo, the Rappler reporter, procured a picture showing
of the military and civilian employees, including Napoles. Respondent beside Napoles and Jinggoy Estrada and he
o Napoles was acquitted as there was no substantial evidence testified that when he saw the picture, he knew that
to show that she was one of the suppliers in the questioned Respondent was one of the members of the division that
transaction. handled the Kevlar case and that he knew that the Justice
- Testimonies of Whistle-Blowers: should not be seen or be going to a party with Napoles who
o Benhur Testimony was a party in a case under his Division.

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A.Y. 1819– JUDGE CALDONA
- Respondent in his defense denied all the imputations against him.
He asserted that he did not meet Napoles during the pendency of the
Kevlar case, that the Kevlar case was denied based on the merits of
the case, and that the testimonies had no evident proof of what was
asserted.
o Respondent alleges that the picture was taken at the birthday
party of Jinggoy Estrada in 2012 and that Respondent and
Napoles talked about the Black Nazarene and that Napoles
arranged for the Black Nazarene robe to be put over
respondent as he was suffering from cancer. Then, the
arrangement was indeed fulfilled and that he thanked
Napoles for such an opportunity and personally went to her
office twice to thank her.
RATIO DECIDENDI
- The court summarized the findings of the investigating Justice:
1. Respondent acted as a contact of Napoles in connection with
the Kevlar case
2. Respondent fixed the Kevlar case resulting in her acquittal.
3. Respondent received an undtermined amount of money
from Napoles prior to the promulgation of the Kevlar case
4. Respondent visited Napoles where he received 11 checks
5. Respondent attended Napoles’ parties and was
photographed.
- Respondent thus stands accused of gross misconduct, partiality and
corruption or bribery during the pendency of the Kevlar case, and
impropriety on account of his dealing and socializing with Napoles
after her acquittal in the said case. He is also charged for dishonesty
for failing to disclose with Chief Justice Serreno that he had actually
visited Napoles in her office as he denied having attended any social
event hosted by her.
DISPOSITIVE POSITION
The Court finds respondent Sandiganbayan Associate Justice Gregory S.
Ong GUILTY of GROSS MISCONDUCT, DISHONESTY and
IMPROPRIETY, all in violations of the New Code of Judicial Conduct for
the Philippine Judiciary, for which he is hereby DISMISSED from the
service, with forfeiture of all retirement benefits, except accrued leave
credits, if any, and with prejudice to reemployment in any branch, agency or
instrumentality of the government including government-owned or -
controlled corporations.
DOCTRINE/PRECEDENT
- Canon 2 (Propriety) of the Code of Judicial Conduct:. Judges shall
avoid impropriety and the appearance of impropriety in all of their
activities.
o Section 1: A judge should so behave at all times as to
promote public confidence in the integrity and impartiality
of the judiciary.
§ A judge must not only be impartial but must also
appear to be impartial and that fraternizing with
litigants tarnishes this appearance. Public
confidence in the Judiciary is eroded by
irresponsible or improper conduct of judges. A
judge must avoid all impropriety and the appearance
thereof. Being the subject of constant public
scrutiny, a judge should freely and willingly accept
restrictions on conduct that might be viewed as
burdensome by the ordinary citizen.
§ Previous cases have enjoined judges to avoid
association or socializing with persons who have
pending cases before their court. It does not mean
that judges should live in retirement or seclusion, it
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A.Y. 1819– JUDGE CALDONA
but advised that they be scrupulously careful to
avoid such action as may reasonably tend to waken
the suspicion that the relations or friendship
constitute an element in determining his judicial
course.
- Canon 3 (Integrity): A judge should perform official duties honestly,
and with impartiality and diligence.

RELATION OF CASE to TOPIC

- Violation of Canon 2.01

o Respondent’s act of voluntarily meeting with Napoles at her
office on two occasions and being in social events with
Napoles gave cause for the public in general to doubt the
honesty and fairness of his participation in the Kevlar case
and undermined the integrity of the courts of justice.
- Violation of Canon 3
o Respondent was guilty of dishonesty for not being truthful
on crucial matters even before the administrative complaint
was filed against him.

Sources:
ITL Utopia Reviewer
ChanRobles