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thedrifter
03-06-09, 06:33 AM
SC sacks original judge in Subic rape case

For charging P30,000 in annulment case
By Tetch Torres
INQUIRER.net
First Posted 16:23:00 03/06/2009

Filed Under: Judiciary (system of justice), Punishment, Graft & Corruption


MANILA, Philippines -- The Supreme Court on Friday dismissed the Olongapo trial court judge who first handled the case against convicted rapist Daniel Smith for gross misconduct, gross ignorance of the law or procedure, and gross negligence and inefficiency.

Aside from Regional Trial Court branch 73 Judge Renato Dilag, the high court also dismissed his stenographer Concepcion Pascua.

The tribunal’s 28-page en banc decision also ordered the forfeiture of the retirement benefits of the two and disqualified them from reemployment in government service.

Dilag was the judge to whom the case against Smith and three fellow American Marines was first assigned. However, he inhibited himself because one of his children worked in the law firm of a counsel of one of the soldiers, who were accused of raping a Filipina inside the Subic Bay Freeport.

Smith was eventually convicted and his co-accused acquitted.

The case against Dilag and Pascua stemmed from the complaint filed by Nilda Verginesa-Suarez, who accused the judge of charging her P30,000 in exchange for granting an action for declaration of nullity of marriage, while Pascua collected the money.

Due to her complaint, the high court through the Office of the Court Administrator (OCAD) ordered an investigation and discovered irregularities in Dilag’s decisions in several annulment cases.

Dilag denied the allegations against him, saying the cases “were decided upon due consideration of the evidence presented by the parties and pursuant to applicable laws and rules of procedure.

But the high court dismissed his explanation saying “respondent judge failed to follow basic legal procedures which are not excusable but renders him liable to administrative sanction for gross ignorance of the law and procedure.”


dismissed from services an Olongapo judge for charging P30,000 in exchange for granting annulment cases.

In a 28-page decision, the high court en banc dismissed Olongapo Regional Trial Court Branch 73 Judge Renato Dilag for gross misconduct, gross ignorance of the law or procedure and gross negligence and inefficiency. Dilag originally handled the rape case filed against Lance Corporal Daniel Smith and three other American soldiers. But Dilag inhibited saying one of his children works for the law office of one of the counsels US soldiers.

Aside from Dilag, also dismissed from service is Court Stenographer Concepcion Pascua for graft and corruption.

The high court disqualified the two from reemployment in the government service and forfeiture of all retirement benefits.

Ellie