Liwanag vs Lustre

LUALHATI M. LIWANAG, complainant, vs. JUDGE PATERNO H. LUSTRE [A.M. No. MTJ 98-1168. April 21, 1999] Facts Judge Paterno presided a case for the violation of BP 22 filed by Lualhati's husband for violation of BP 22. She stated that when she went to see Judge Paterno, he prepared an order for the accused. At that point, he touched the shoulder of Lualhati, down to her breast. She froze and could not do anything. When asked to see him again, she did come back to see him which resulted to the delay of the hearing and several postponements. On several occasions, Judge Paterno required of her sexual favors. First, when he ordered her to meet her at 7:00am in his chambers then he would caress her breast. He would expose his penis and ordered Lualhati to orally masturbate him. There was a fluid that oozed from his penis, which was somewhat bloody; and second, when he fetch her and went to a resort in Laguna. He undressed himself and ordered her to do the same like the last time. This event happened twice. She stated that she made a mistake by becoming a willing victim. But she did it for the sake of her family she thought that is the only way she can help her husband get back his money for their future. Pictures at the resort were presented as evidence. Judge Paterno denied the allegations. According to him, the complaint was filed because Lualhati and her husband wanted to accommodate, hastily schedule, decide arbitrarily and finish the case within a short period. He further claimed that he could not have been in his chambers as early as 7:00 am as alleged since he usually arrives for work some five to ten minutes before 8. With his age of 67, and with heart ailment and diabetes, sex is beyond his physical capacity and cannot longer indulge in such because he might die. Ruling Judge Paterno grossly violated his duty to uphold the integrity of the judiciary and to avoid impropriety not only in his public but in his private life as well. He does not deny that he is the one appearing with Lualhati in the photographs presented. He could not offer any plausible explanation why he was seen with Lualhati coming out of what is apparently a private room. The Court cannot countenance any act or omission on the part of the officials at every level in the administration of justice which erodes rather than enhances the public's faith and trust in the judiciary.