SC fires Cavite judge in San Beda student hazing death case

The Supreme Court (SC) has fired the judge who dismissed the cases filed against fraternity members involved in the death of San Beda law student Marc Andre Marcos due to hazing.

In a decision dated January 24, the SC dismissed Judge Perla Cabrera-Faller of the Cavite Regional Trial Court Branch 90 for gross ignorance of the law and for violating the Code of Judicial Conduct. 

Marcos, a first year law student, died from extensive traumatic injuries in his upper and lower extremities as a result of alleged initiation rites of the Lex Leonum Fraternity at a farm in Dasmariñas, Cavite, in July 2012. 

After a preliminary investigation, the Department of Justice indicted 14 frat members before the Cavite court, which then issued an arrest warrant against the suspects on June 3, 2013. 

Cabrera-Faller, however, recalled the arrest warrants against Chino Daniel Amante, Richard Rosales and Mohamad Alim, claiming she had issued the warrants inadvertently. 

The judge eventually ordered the archiving of the cases, infuriating Marcos' family, especially his grandfather retired Judge Martonino Marcos, who filed the administrative charges against Cabrera-Faller on the ground that the judge had been bribed to drop the cases. 

In its ruling, the SC slammed Cabrera-Faller for demonstrating "lack of knowledge and understanding of the basic rules of procedure when she issued the questioned orders.” 

"Her utter disregard of the laws and rules of procedure, to wit: the immediate archiving of (criminal case), the recall of the warrant of arrest which she claimed were issued inadvertently and the hasty dismissal of the case displayed her lack of competence and probity, and can only be considered as grave abuse of authority. All these constitute gross ignorance of the law and incompetence," the high court said. 

Apart from dismissal, the SC also ordered the forfeiture of Cabrera-Faller's retirement benefits, except leave credits, and barred her from entering the government service again. 

The decision was backed by 12 justices while Associate Justice Presbitero Velasco Jr. took no part. — MDM, GMA News