In Re Demetria (Tiongco)-1

In re Demetria Facts -StateProsecutor Formaran charged Yu Yuk Lai and her nephew Kenneth Monceda with a violation ofSec. 15 Art III of RA 6425 (..."feloniously sold and delivered to a poseur-buyer ~3 kilograms of shabu...") -accused were held at the PNP Naritics Group detention cell (accused of a non ba ilable offense) -accused petitioned for bail on the ground that evidence against them not strong enough. Petition denied. -Yu Yuk Lai had been reported to be seen playing in casinos, so SP Formaran file d an Urgent ExParte Motion to Transfer he Detention of the Accused to City Jail. Motion granted. -Case was re-raffled to Branch 53' under Judge Colet. Yu Yuk Lai filed a Motion to Order the Confinement of the Accused in a Hospital. Before Judge Colet can re solve this, it was handled by the branch's pairing Judge Muro. -Judge Muro granted motion, not exceeding confinement to 7 days, at Manila Docto rs Hospital, contrary to the doctor's order to admit accused to The Philippine G eneral Hospital -Yu Yuka Lai filed for an Urgent Motion to Extend Hospital Confinement to1 month , and a Motion for Leave of Court to File a Demurrerto Evidence with Motion to A dmit Demurrer to Evidence. Judge Muro granted both Motions. -rumors circulated that Judge Muro was partial to accused, anonymous concerned c ourt employees wrote a letter to Secretary of Justice, CSP, Ombudsman, and Judge Muro, alleging the same -SP Formaran filed a Motion for Inhibition praying Judge Muro to inhibit himself -Later, Judge Demetria and PATAFA President Go Teng Kok with his lawyer went to Formaran's office at the DOJ -Go Teng Kok pleade Formaran to wothdraw his motion for inhibition so as not to delay case and since accused as then already receiving bad publicity -Justice Demetria opined that it would be dangerous to anchor the inhibition of a judge on unsigned, anonymous letter -Go Teng Kok insisted that Fomaran go slow on the prosecution of accused. Formar an declined at first but to put an end to the conversation, told the former that he will bring the matter to Chief State Prosecutor Zuno, who then said "No way! " -Philippine Daily Inquirer eported that "a SC Justice and outspoken sportsperso n and leader d been exerting undue pressure n the DOJ to go slow in prosecuting the re-arrested drug queen Yu Yuk Lai -several newspapers named Demetria and Go Teng Tek 'drug lawyers' -Demetria vehemently denied such allegations ISSUE DID RESPONDENT DEMETRIA REALLY INTERCEDE IN BEHALF OF QUEEN YU YUK LAI? HELD -YES. After a hearing, Senate Committee on Human Rights and Justice found that t here was a conspiracy to commit Obstruction f Justice on the part of Go and Deme tria punishable under PD 1829 and RA 3019 Ruling Demetria found GUILTY of violating Rule 2.04 of the Code of Judicial Conduct. He is DISMISSED rom the service with the forfeiture of all benefits and with preju dice to his appointment or reappointmentto any government office or instrumental ity.