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The Supreme Court has dismissed a judge for his involvement in his wife’s illegal transactions, specifically for acting as her “bag man” and receiving money and bidding documents from a distributor who was trying to secure a contract to supply P50-million worth of medicines to four Manila hospitals in 2016.

Voting 14-0 with one justice on official leave, the high tribunal found presiding Judge Ateneones Bacale of the Municipal Circuit Trial Court of Biliran-Cabucgayan, Biliran guilty of gross misconduct that affected the “fitness and worthiness of the honor and integrity attached to his office.”

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Aside from being dismissed from the service, with all his benefits forfeited, Bacale was also ordered to show cause why he should not be disbarred for violating the Code of Professional Responsibility and Accountability.

“Here, Judge Bacale has shown a stubborn disregard of the rules which casts doubt on his integrity and sense of propriety as shown by the totality of the circumstances relating to his participation in his wife’s illegal transactions,” the Supreme Court said in the 22-page per curiam decision promulgated on July 23 and made public on Thursday.

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The high tribunal pointed out that Bacale failed to inform his wife that as a judge, it would be improper for him to assist her in her transactions with the supplier, noting that “he should have known that family concerns are only secondary to preserving the integrity of the judiciary.”

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The case stemmed from the administrative complaint filed by pharmaceutical supplier Aldrin Magaoay who said that in 2016, Bacale offered him a P50-million project to supply medicine to four Manila hospitals.

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Bacale said that his wife Romilda, the executive secretary of then Mayor Joseph Estrada, could facilitate the procurement in his favor without the required bidding process.

Money demands

After personally handing P100,000 to Bacale supposedly for his company’s accreditation, Magaoay was instructed to meet with a certain Joaquin dela Cruz, an alleged court employee, who turned out to be the judge’s personal assistant.

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The complainant said that Romilda and Dela Cruz constantly demanded certain amounts of money from him for the execution of a project contract.

When the payments reached almost P20 million without any progress being made on the project, Magaoay said he realized that Bacale and his wife were scamming him, prompting him to file the complaint.

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.

He said he just wanted to thank her for helping him recover after Supertyphoon “Yolanda” destroyed his home. The couple had been separated for more than 30 years.

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Romilda, on the other hand, claimed that due to her heavy workload as administrative officer IV at the Manila mayor’s office, she asked Bacale to get documents from Magaoay for a project.

She said that when she realized the bidding documents from Magaoay were fake, she immediately promised to return the money he had paid.

In its report and recommendation dated Jan. 17, 2024, the JIB found Bacale liable for gross misconduct and recommended his dismissal from service, forfeiture of all or part of the benefits due him, and disqualification from reinstatement to any public office.

It also recommended his disbarment and that his name be ordered stricken from the roll of attorneys.

Admission

In adopting the JIB’s findings, the Supreme Court noted that Bacale “did not even refute” that he met Magaoay on two occasions and received money from him.

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“He was aware of the illegal transaction between his wife and Magaoay. In fact, he even assured Magaoay that he could facilitate the award to him by the City of Manila of the supply contract for medicines worth P50 million without the need of going through the procurement process,” the high court said.

During the hearing, the Supreme Court noted that Bacale also admitted knowing that his wife was engaged in an “illegal manipulation” of the bidding process for medical supplies to Manila hospitals.

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“Despite its illegality, he readily participated in it by acting as his wife’s ‘bag man’ and received from Magaoay his bidding documents and ‘lock-in money’ in the amount of P10050jili,000.00,” it said.

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