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LAW AND ORDER

SC fires judge for involvement in illegal procurement

12/19/24, 8:27 AM

The Supreme Court (SC) En Banc has dismissed Judge Ateneones S. Bacale, Presiding Judge of the Municipal Circuit Trial Court of Biliran-Cabucgayan, Biliran, for gross misconduct after his participation in an illegal procurement scheme.

In 2016, Judge Bacale offered pharmaceutical supplier Aldrin Magaoay a project worth PHP 50 million for the supply of medicines to four hospitals in Manila. Bacale claimed that his wife, Romilda—executive secretary to then Manila Mayor Joseph Estrada—could secure the contract in Magaoay’s favor without undergoing the required bidding process.

Over the next three years, Magaoay delivered payments to Bacale through bank transfers and personal handoffs, amounting to nearly PHP 20 million. On one occasion, Magaoay captured a photograph of Bacale counting the money he received.

Realizing no progress had been made on the promised project, Magaoay concluded that he had been scammed by Bacale and his wife. He subsequently filed an administrative complaint against Bacale for gross misconduct.

During Judicial Integrity Board (JIB) proceedings, Bacale admitted to interacting with Magaoay but claimed he acted only as a messenger for his wife.

He justified his actions by stating he was following her instructions to thank her for her support in helping him rebuild after Typhoon Yolanda destroyed his home. Bacale also disclosed that he and his wife had been separated for over 30 years.

For her part, Romilda denied wrongdoing, asserting that her heavy workload as Administrative Officer IV at the Manila City Mayor’s Office led her to request Bacale’s assistance in retrieving documents from Magaoay.

Upon discovering the bidding documents were fraudulent, she claimed she offered to return the payments.

The JIB found Bacale guilty of gross misconduct for violating the New Code of Judicial Conduct. The Supreme Court upheld the JIB’s recommendation, reiterating that judges are held to the highest standards of integrity, as mandated under Canon 2. The Court also emphasized that judges must avoid any conduct that undermines public trust in the judiciary, in accordance with Canon 4 on propriety.

The SC noted that Bacale’s deliberate involvement in his wife’s business dealings, coupled with his promises to influence procurement in Magaoay’s favor, amounted to gross misconduct. His actions compromised the judiciary’s integrity and eroded public trust in the courts.

The Court underscored that judges are expected to uphold the law, not violate it. Bacale’s participation—acting as his wife’s intermediary and receiving money from Magaoay—was a clear breach of judicial ethics and propriety.

In its ruling, the Supreme Court declared Bacale guilty of gross misconduct and ordered his dismissal from service.

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