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Revision as of 12:06, 23 February 2009 edit202.69.179.182 (talk) To revise by adding reliable sources to develop this article to adhere to the policy on biographies of living persons.← Previous edit Revision as of 21:02, 23 February 2009 edit undoMaxschmelling (talk | contribs)1,594 edits →Judgment: text from decision doesn't belong hereNext edit →
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== Judgment == == Judgment ==
On ], 2006, the ] separated Floro from judicial service with payment of three years' back wages and a fine of 40,000 pesos. The court said that, while it was not within its area of responsibility to declare Floro insane, it agreed with the results of psychological testing which had identified Floro as suffering from ].<ref name="JUDGE"/><ref name="INQUIRER"/><ref>{{cite news | url = http://www.manilastandardtoday.com/?page=news06_april07_2006 | title = Judge relieved for psychosis | date = 2006-04-07 | publisher = Manila Standard Today | first = Rey | last = Requejo | accessdate = 2009-02-23}}</ref> On ], 2006, the ] separated Floro from judicial service with payment of three years' back wages and a fine of 40,000 pesos. The court said that, while it was not within its area of responsibility to declare Floro insane, it agreed with the results of psychological testing which had identified Floro as suffering from ].<ref name="JUDGE"/><ref name="INQUIRER"/><ref>{{cite news | url = http://www.manilastandardtoday.com/?page=news06_april07_2006 | title = Judge relieved for psychosis | date = 2006-04-07 | publisher = Manila Standard Today | first = Rey | last = Requejo | accessdate = 2009-02-23}}</ref>

The dispositive portion or fallo of the 75-pages ] written by Justice ] states:<ref>{{cite news | url = http://www.lawphil.net/judjuris/juri2006/mar2006/am_rtj-99-1460_2006.html | title = A.M. No. RTJ-99-1460, "OCAD v Judge Florentino Floro | date = 2006-03-31 | publisher = Philippine Jurisprudence (lawphil.net) | first = | last = | accessdate = 2009-02-23}}</ref>
{{cquote|WHEREFORE, premises considered, the Court resolves to: 1) FINE Judge Florentino V. Floro, Jr. in the total amount of FORTY THOUSAND (P40,000.00) PESOS for seven of the 13 charges against him in A.M. No. RTJ-99-1460; 2) RELIEVE Judge Florentino V. Floro, Jr. of his functions as Judge of the Regional Trial Court, Branch 73, Malabon City and consider him SEPARATED from the service due to a medically disabling condition of the mind that renders him unfit to discharge the functions of his office, effective immediately; 3) As a matter of equity, AWARD Judge Florentino V. Floro, Jr. back salaries, allowances and other economic benefits corresponding to three (3) years; SO ORDERED. MINITA V. CHICO-NAZARIO, Associate Justice.}}

The ] / ] of the ], states:<ref>{{cite news | url = http://www.lawphil.net/judjuris/juri2006/mar2006/am_rtj-99-1460_2006.html | title = A.M. No. RTJ-99-1460, "OCAD v Judge Florentino Floro | date = 2006-03-31 | publisher = Philippine Jurisprudence (lawphil.net) | first = | last = | accessdate = 2009-02-23}}</ref>
{{cquote|"Equity does not demand that its suitors shall have led blameless lives." (Justice ], Loughran v. Loughran (1934) 292 US 216, 229, 78 L ed 1219, 1227, 54 S Ct 684). There is no indication that Judge Floro is anything but an honorable man. And, in fact, in our disposition of the 13 charges against him, we have not found him guilty of gross misconduct or acts or corruption. Moreover, Judge Floro himself admitted that he believes in "psychic visions," of foreseeing the future because of his power in "psychic phenomenon." He believes in "duwendes" and of a covenant with his "dwarf friends Luis, Armand and Angel." He believes that he can write while on trance and that he had been seen by several people to have been in two places at the same time. He has likened himself to the "angel of death" who can inflict pains on people, especially upon those he perceived as corrupt officials of the RTCs of Malabon. He took to wearing blue robes during court sessions, switching only to black on Fridays. His own witness testified that Judge Floro explained that he wore black from head to foot on Fridays to recharge his psychic powers. Finally, Judge Floro conducted healing sessions in his chambers during his break time.

All these things validate the findings of the Supreme Court Clinic about Judge Floro's uncommon beliefs and that such beliefs have spilled over to action. Lest we be misconstrued, we do not denigrate such belief system. However, such beliefs, especially since Judge Floro acted on them, are so at odds with the critical and impartial thinking required of a judge under our judicial system. Psychic phenomena, even assuming such exist, have no place in a judiciary duty bound to apply only positive law and, in its absence, equitable rules and principles in resolving controversies. Thus, Judge Floro s reference to psychic phenomena in the decision he rendered in the case of People v. Francisco, Jr. sticks out like a sore thumb. Judge Floro's separation from the service does not carry with it forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including government-owned or controlled corporations. As Judge Floro s separation from the service cannot be considered a penalty, such separation does not carry with it the forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including government-owned or controlled corporations.

In fact, the psychological and psychiatric reports, considered as the bedrock of the finding of mental impairment against Judge Floro, cannot be used to disqualify him from re-entering government service for positions that do not require him to dispense justice. The reports contain statements/findings in Judge Floro's favor that the Court cannot overlook in all fairness as they deserve equal consideration. They mention Judge Floro s assets and strengths and capacity for functionality, with minor modification of work environment. Thus: a. High intellectual assets as a result of "self-discipline and self- organization." b. "(I)mpressive academic achievements" with "no drastic change in his personality and level of functioning as a lawyer in private practice." c. "(C)haracter traits of suspiciousness, seclusiveness, pre-occupation with paranormal and psychic phenomena not detrimental to his role as a lawyer." d. "Everyday situations can be comprehended and dealt with in moderate proficiency . His concern for the details that make up a total field represents his attempts at being systematic and cautious." e. "(E)quipped with analytical power." Consequently, while Judge Floro may be dysfunctional as a judge because of the sensitive nature of said position, he may still be successful in other areas of endeavor.}}


==Appeals and lawsuits== ==Appeals and lawsuits==

Revision as of 21:02, 23 February 2009

Florentino V. Floro, Jr.
File:Judge Floro.jpgJudge Florentino V. Floro, Jr.
Born (1953-11-05) November 5, 1953 (age 71)
Manila
NationalityFilipino
Known forSelf-proclaimed psychic judge, dismissed by reason of mental illness

Florentino V. Floro, Jr. (born November 5 1953 in Manila) is a Filipino judge who achieved notoriety after being suspended from the Philippine judiciary in 2006 due to mental illness. Floro made several statements that he was psychic and claimed to frequently communicate with invisible dwarves.

Early life

Birth

Floro was born at the University of Santo Tomas Hospital in Manila, Philippines at 1:00 a.m., on November 5, 1953. He is the eldest of 5 children of Florentino Carreon Floro and Milagros Geronimo Velasquez. His brothers are Joselito, Benjamin, Jesie and Robert.

Education

Floro spent his childhood in Calvario, Meycauayan City, Bulacan. He was educated there by the Religious of the Virgin Mary, when he was sent to St. Mary's Academy of Meycauayan, where he graduated elementary education. In 1969, Floro completed his high school at St. Vincent's Seminary, in Karuhatan, Valenzuela City.

In 1970, Floro continued his studies at Adamson University and at the Vincentian Hills Seminary at Angono, Rizal and Adamson University, under the Vincentian Family / Congregation of the Mission priests. After having transferred to Ateneo de Manila University's Loyola Schools's, where he earned the Bachelor of Arts degre in philosophy and pre-divinity, on October, 1974.

In 1982, Floro graduated with full second honors and earned his Bachelor of Laws degree from the Ateneo Law School. He placed 12th in the 1983 Philippine Bar Examinations with a grade of 87.55 percent.

Entrance into lawyering and judicial practice

Floro first applied for appointment to the bench with the Judicial and Bar Council (Philippines) in 1995. He failed the mandatory psychological examination by the Supreme Court Clinic Services which found "evidence of ego disintegration" and "developing psychotic process", and Floro voluntarily withdrew his application. He reapplied on his natal day of November 5, 1997, and the evaluation was again negative, identifying problems with self-esteem, mood swings, and perceptual distortions. However, because of his impressive academic background, Floro was allowed to seek a second opinion from private practitioners, who gave a more favorable assessment. He was appointed to the bench in November 1998, serving as a judge of the Regional Trial Court in Malabon City.

Floro was duly appointed Regional Trial Court Judge, NCJR, of Br. 73, Malabon City and Navotas, Metro Manila, on November 4/5, 1998, his 45th birthday, at the age of 45, as the youngest RTC NCJR Judge. Floro took his official and ceremonial oaths of office before Bernardo P. Pardo and Joseph Estrada, on November 13, 1998 and December 8, 1998, respectively.

Floro's behavior as a judge was considered unorthodox. He claimed that he was "the number five psychic in the country", and that he was an "angel of death" able to cause pain and sickness to people who appeared before him in court. Court proceedings included a reading from the Bible, after which he would answer questions on the day's scriptures. On Fridays, he changed the color of his robes from blue to black "to recharge his psychic powers". He claimed to be able to write while in a trance, and to have the ability of bilocation. He explained that he took legal advice from three invisible dwarves named Luis, Armand and Angel.

Judicial career

Florentino Floro graduated with second honors from the Ateneo de Manila University law school and placed 12th in the 1983 bar examinations with a grade of 87.55 percent.

Floro first applied for appointment to the bench in 1995. He failed the mandatory psychological examination by the Supreme Court Clinic Services which found "evidence of ego disintegration" and "developing psychotic process", and Floro voluntarily withdrew his application. He reapplied in 1998, and the evaluation was again negative, identifying problems with self-esteem, mood swings, and perceptual distortions. However, because of his impressive academic background, Floro was allowed to seek a second opinion from private practitioners, who gave a more favorable assessment. He was appointed to the bench in November 1998, serving as a judge of the Regional Trial Court in Malabon City.

Floro's behavior as a judge was considered unorthodox. He claimed that he was "the number five psychic in the country", and that he was an "angel of death" able to cause pain and sickness to people who appeared before him in court. Court proceedings included a reading from the Bible, after which he would answer questions on the day's scriptures. On Fridays, he changed the color of his robes from blue to black "to recharge his psychic powers". He claimed to be able to write while in a trance, and to have the ability of bilocation. He explained that he took legal advice from three invisible dwarves named Luis, Armand and Angel.

Suspension

Barely 6 months from his inaugural session on January 5, 1999, Floro was placed by the Supreme Court of the Philippines under indefinite preventive suspension from the judiciary, on July 20, 1999 by virtue of the Court Administrator Alfredo Benipayo's Memorandum of Suspension which contained the 13 administrative charges (the principal of which, is dwarf consultation in writing judgments).

Floro intervened in a Certiorari, Prohibition and Mandamus lawsuit in the High Tribunal. In a 22-page certiorari petition, Floro ("Judge asks SC to let Nazario take oath and fill SC vacancy") on March 12, 2004 asked the Court to enthrone Minita Chico-Nazario whose appointment was recalled. On July 14, 2004, Justice Nazario took his oath as Associate Justice of the Supreme Court of the Philippines before President Gloria Macapagal-Arroyo.

On June, 2004, Floro also filed an intervention petition, in the certiorari lawsuit filed by the opposition Koalisyon ng Nagkakaisang Pilipino (KNP) Davao City Rep. Ruy Elias Lopez, to stop a joint session of Congress from canvassing the votes for president and vice president. Floro asked the Court to declare a failure of elections and order the COMELEC to conduct special presidential elections. Floro also asked the Supreme Court to declare Noli de Castro as acting President, as Solomonic solution to the political crisis.

Floro successfully delayed the suspension, investigation and trial procedures before the Supreme Court of the Philippines. As part of the investigation, Floro confessed he had conducted healing sessions in his chambers during breaks.

Judgment

On April 7, 2006, the Supreme Court of the Philippines separated Floro from judicial service with payment of three years' back wages and a fine of 40,000 pesos. The court said that, while it was not within its area of responsibility to declare Floro insane, it agreed with the results of psychological testing which had identified Floro as suffering from psychosis.

Appeals and lawsuits

Floro timely appealed the court's ruling against him,though the court upheld his suspension, saying that permitting him to continue as a judge would be harmful to public trust in the judiciary as a guardian of the law, as judges were expected to resolve cases before them with judicial detachment. It further stressed that its decision had nothing to do with Floro's belief in invisible dwarves or the validity of such a belief.

On August, 2006, the Court finally ruled that Floro's claimed dalliance with duendes would eventually make the judiciary an object of ridicule.

The dispositive portion of the 6 pages denial Resolution states:

In denying said motions, neither the etiology of Judge Floro’s belief in “dwendes” nor the validity of such belief is being passed upon. Judge Floro’s claim of dalliance with “dwendes,” poses a serious challenge to such required judicial detachment and impartiality and would eventually erode the public’s acceptance of the judiciary as the rational guardian of the law, if not make it an object of ridicule. His insistence on the existence of “dwendes,” among other beliefs, conflicts with the prevailing expectations concerning judicial behavior and manifests a mental state that should lay to rest any doubts about his valid removal from office for lack of the judicial temperament required of all those in the Bench. In fine, Judge Floro himself has confirmed that he is incapable of discharging the duties of a judge free from extrajudicial influences and that he falls short of the fundamental requirements of competence and objectivity expected of all judges. WHEREFORE, premises considered, Judge Floro’s Partial Motions for Reconsideration as well as the Supplements thereto are hereby DENIED WITH FINALITY there being no merits. No other pleading, however denominated, shall henceforth be entertained by this Court.

On November 3, 2006, Floro filed his second appeal and Imprecation motion to clean the judiciary. The Philippine Daily Inquirer reported this as "‘Psychotic’ judge enlists help of dwarf-friends vs SC."

On December 5, 2006 Floro was awarded "Judge of the Year" by The Times - "A chilli-hot year for whiny garbage, David Pannick, QC, presides over the memorable legal appearances of 2006." Pannick, Queen's Counsel is a silk Barristers in England and Wales.

On January, 2007, the Supreme Court of the Philippines dismissed with finality the Augusst 30, 2006 landmark Disbarment administrative suit filed by Floro against Chief Justice Hilario Davide, Jr., Justice Bernardo P. Pardo, Alfredo Benipayo and 6 others.

For non-payment of docket fees, the High Court, on June 5, 2007, dismissed Floro's intervention petition dated May 30, 2007, and his Supplement dated June 1, 2007, in the Gregory S. Ong citizenship case, filed by Jovito Salonga.

On July 12, 2007, the Philippines Supreme Court Justices ordered Floro to stop requesting a review of his case, denying and expunging the petitions and letters filed by Floro with a warning that he can be held liable for indirect contempt should he persist in disregarding lawful orders of the Court.

The dispositive part of the warning Resolution states:

In this Resolution, We wish to remind Judge Floro that the Court cannot be swayed to modify or reverse its Decision and various Resolutions by inundating the ponente with numerous pleadings avowing "ungodly reprisal" as well as personal letters/telephone calls seeking audience with the latter, if, as in this case, they are only in furtherance of repeating issues and arguments already passed upon by the Court En Banc’s earlier Decision and Resolution. Otherwise stated, only meritorious arguments and substantial evidence can convince Us to modify or reverse our previous ruling. NOW, THEREFORE, BE IT RESOLVED, as it is hereby Resolved, Judge Floro’s “ORIGINAL PETITION/LETTER WITH LEAVE OF COURT For Re-Opening of Judge Floro’s Separation Case xxx are hereby NOTED WITHOUT ACTION and are ordered EXPUNGED from the records. It is hereby firmly reiterated that NO FURTHER PLEADING/S WILL BE ENTERTAINED in this case. Judge Floro is hereby given a WARNING that he can be held liable for indirect contempt should he persist in disregarding lawful orders of this Court and committing acts which tend to abuse, obstruct, impede, and degrade the administration of justice.

In late April, 2007, Floro filed a disbarment complaint with charges of gross misconduct, ignorance of the law, manifest undue interest, questionable temporary restraining orders and violations of the ethical standards and code of conduct of the Philippine Court of Appeals Associate Justices, "CA ‘Dirty Dozen". Floro named one justice specifically as part of a "dirty dozen", twelve judges currently under investigation for corruption by the court's ombudsman.

On First Friday, August 1, 2008, Floro filed a taxpayer lawsuit against some Court of Appeals Justices and lawyers in the GSIS-Meralco bribery case.

References

  1. "A.M. No. RTJ-99-1460, "OCAD v Judge Florentino Floro". Philippine Jurisprudence (lawphil.net). 2006-03-31. Retrieved 2009-02-23.
  2. ^ Nocum, Armand (2006-08-06). "Dismissed judge, elfin pals claim immortality". Inquirer.net. Retrieved 2008-08-01.
  3. ^ Pannick, David (2006-06-06). "I used to be a judge but I'm all right now..." The Times. Retrieved 2007-07-01.
  4. ^ SC decision relieving Floro, March 2006
  5. Floro, Florentino (2009-02-21). "User:Florentino Floro". Wikinews. Retrieved 2009-02-23.
  6. "A.M. No. RTJ-99-1460, "OCAD v Judge Florentino Floro". Philippine Jurisprudence (lawphil.net). 2006-03-31. Retrieved 2009-02-23.
  7. Pulta, Benjamin (2004-03-12). "Judge asks SC to let Nazario take oath and fill SC vacancy". Sun Star Manila. Retrieved 2009-02-23.
  8. Porcalla, Delon (2004-07-14). "SANDIGAN JUSTICE MINITA CHICO-NAZARIO NAMED TO SUPREME COURT". News Flash. Retrieved 2009-02-23.
  9. Calica, Aurea (2004-06-05). "SUPREME COURT WON'T STOP CANVASSING". News Flash. Retrieved 2009-02-23.
  10. Requejo, Rey (2006-04-07). "Judge relieved for psychosis". Manila Standard Today. Retrieved 2009-02-23.
  11. Underhill, Kevin (2006-01-23). "Verified Third Supplement, Appeal". Kevin Underhill. Retrieved 2009-02-23.
  12. "Filipino 'dwarf' judge loses case". BBC News. 2006-08-18. Retrieved 2007-07-01.
  13. Nocum, Armand (2006-08-16). "No happy ending in tale of judge and 3 dwarves". Inquirer.net. Retrieved 2007-07-31.
  14. The Denial Resolution of Judge Floro's Appeal, August, 2006
  15. Torres, Tetch (2006-11-03). "'Psychotic' judge enlists help of dwarf-friends vs SC". Philippine Daily Inquirer. Retrieved 2009-02-23.
  16. Pannick, David (2006-12-05). "A chilli-hot year for whiny garbage". The Times. Retrieved 2009-02-23.
  17. "NZ lawyer wins 'bizarre conduct' award". The Sydney Morning Herald. 2006-12-06. Retrieved 2009-02-23.
  18. Canlas, Jomar (2007-01-20). "SC rebuffs judge who consults with 'dwarfs'". The Manila Times. Retrieved 2007-07-31.
  19. Canlas, Jomar (2007-06-11). "Palace lets SC decide Ong's fate". Retrieved 2009-02-23.
  20. Torres, Tetch (2007-07-18). "SC TELLS 'MYSTIC JUDGE': Stop filing appeals or be cited in contempt". Inquirer.net. Retrieved 2007-07-31.
  21. The Per Curiam Resolution, July 12, 2007
  22. "SC tells sacked psychic magistrate to stop bothering court". Sun Star Manila. 2007-07-19. Retrieved 2009-02-23.
  23. Canlas, Jomar (2007-07-30). "SC to probe TRO fixers, justices in appeals court". Manila Times. Retrieved 2007-07-31.
  24. Canlas, Jomar (2007-07-30). "Ex-judge charges CA 'Dirty Dozen'". Manila Times. Retrieved 2007-07-31.
  25. Bordadora, Norman (2008-08-08). "Salonga: CA corruption exposé good for reforms". Philippine Daily Inquirer. Retrieved 2009-02-23.
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