This case has been cited 1 times or more.
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2005-10-25 |
TINGA, J. |
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| Administrative charges against members of the judiciary must be supported at least by substantial evidence,[24] or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. In the present case, save for the Affidavit-Complaint dated 24 July 2001, no other document or evidence was submitted to substantiate the charges of immorality, conduct unbecoming of a judicial officer, rape, and violation of the Anti-Child Abuse Law against respondent judge. More importantly, complainant herself executed sworn statements recanting her charges against respondent. As observed by the Investigating Justice, while the Complaint-Affidavit may have been executed with great detail, the affidavits of retraction are equally detailed and impressed with greater coherence and spontaneity, and supported by affidavits from people who had knowledge of the events which actually transpired. Interestingly also, even as complainant had already retracted her charges, her counsel of record, Atty. Alexander Versoza, merely stated that "when there is smoke, there is fire."[25] Considering these, the complaint for immorality has no leg to stand on and should be dismissed. | |||||