The Supreme Court dismissed a judge for manipulating the procurement of medical supplies for the City of Manila during the time of Mayor Erap Estrada.
In an en banc decision, the Supreme Court (SC) dismissed Judge Ateneones S. Bacale (Bacale), Presiding Judge of the Municipal Circuit Trial Court of Biliran-Cabucgayan, Biliran.
It was found that in 2016, Bacale offered pharmaceutical supplier Aldrin Magaoay (Magaoay) a project worth P50 million for the supply of medicines to four hospitals in Manila. Bacale said his wife Romilda, Executive Secretary of then Mayor Estrada, could facilitate the procurement in Magaoay’s favor without the required bidding process.
Over the next three years, Magaoay would give Bacale various amounts of money through bank transfers or personal delivery and in one instance, Magaoay was able to take a photo of Bacale counting the money he received from Magaoay.
When the payments reached almost P20 million without any progress on the projects, Magaoay realized that Bacale and his wife were scamming him, that he decided to file an administrative complaint against Bacale for gross misconduct.
During the Judicial Integrity Board (JIB) proceedings, Bacale explained that he only acted as a messenger for his wife to get some documents from Magaoay and that he followed her instructions to thank her for helping him recover after Typhoon Yolanda destroyed his home. The couple had been separated for more than 30 years.
His wife Romilda, on the other hand, claimed that due to her heavy workload as Administrative Officer IV at the Office of the City Mayor of Manila, she asked Bacale to get documents from Magaoay for a project. When she realized the bidding documents from Magaoay were fake, she immediately promised to return the amounts paid by Magaoay.
The JIB recommended that Bacale be dismissed for gross misconduct for violating the New Code of Judicial Conduct (Code).
The SC agreed with the JIB’s decision to dismiss Bacale and emphasized that judges must follow the highest standards of conduct, including acting in a way that reaffirms public trust in the courts, as stated in the Code’s Canon 2 on Integrity.
“Judges should also avoid any behavior that could seem improper, as outlined in Canon 4 on Propriety. When judges break the law, it reduces public trust in the courts. Judges can be held responsible for gross misconduct if they deliberately do wrong,” the SC said.
The Supreme Court found that Bacale ignored the rules on judicial conduct, raising doubts about his integrity and sense of propriety. He did not inform his wife that it was wrong for him to be involved in her business deal with Magaoay. Instead, Bacale met with Magaoay and even promised to help him win the contract.
Bacale admitted that he knew his wife was illegally influencing the bidding for medical supplies. He took part in this by acting as her “bag man” and received the bidding documents and money from Magaoay.
Magaoay stated that he trusted Bacale due to his position as judge, which led Magaoay to believe the project would proceed.
The Court thus found Bacale guilty of gross misconduct and ordered his dismissal from the service.
