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In Re Demetria

The Supreme Court found Justice Demetria guilty of violating the Code of Judicial Conduct by interceding on behalf of suspected drug queen Yu Yuk Lai. The evidence clearly showed that Justice Demetria accompanied others to meet with prosecutors handling Yu Yuk Lai's case and requested that a motion for inhibition be withdrawn. While Justice Demetria claimed he was just providing legal help, the Court found that any interference in a pending case diminishes public confidence in the judicial system. As a result, Justice Demetria was dismissed from service with prejudice and forfeited all benefits.

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872 views1 page

In Re Demetria

The Supreme Court found Justice Demetria guilty of violating the Code of Judicial Conduct by interceding on behalf of suspected drug queen Yu Yuk Lai. The evidence clearly showed that Justice Demetria accompanied others to meet with prosecutors handling Yu Yuk Lai's case and requested that a motion for inhibition be withdrawn. While Justice Demetria claimed he was just providing legal help, the Court found that any interference in a pending case diminishes public confidence in the judicial system. As a result, Justice Demetria was dismissed from service with prejudice and forfeited all benefits.

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abby
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In Re: Demetria AM No 00-7-09-CA 27 March 2001

Resolution
The evidence is clear, if not overwhelming and damning” that respondent did
intercede for suspected Chinese drug queen Yu Yuk Lai. The decision to dismiss
Demetria, as promulgated by the retired SC Justice Griño-Aquino. Absent any
Facts: Court En Banc ordered an investigation of allegations that Court of Appeals
showing of bias, partiality, flaw or grave abuse of discretion, we shall not disturb the
Associate Justice Demetrio G. Demetria tried to intercede on behalf of suspected findings of the respected Justice.
Chinese drug queen Yu Yuk Lai, alias Sze Yuk Lai, who went in and out of prison to
play in a Manila casino. Respondent Justice Demetria, for his part, vehemently denied Personal Note
having interceded for Yu Yuk Lai. Justice Demetria acknowledged visiting DOJ and Did not find a discussion within the case of the exact Constitutional provision that
interacting with State Prosecutor regarding the case but claimed that was not a form of relates to the “Supervision of lower courts” which this case is supposed to be
intervention. Respondent claimed that the “help” he was requesting could well be illustrative of. I would suppose, though, that it is about Article 8, Section 11, where
“within legal bounds or line of duty.” it is mentioned that the SC has the power to dismiss the judges of the lower courts.
Issue: Whether or not the respondent violated the Code of Judicial Conduct.

Decision: Respondent violated the Rule 2.04 of the Code of Judicial Conduct.

Men and women of the courts must conduct themselves with honor, probity, fairness,
prudence and discretion. Magistrates of justice must always be fair and impartial. They
should avoid not only acts of impropriety, but all appearances of impropriety. Their
influence in society must be consciously and conscientiously exercised with utmost
prudence and discretion. For, theirs is the assigned role of preserving the
independence, impartiality and integrity of the Judiciary. The Code of Judicial Conduct
mandates a judge to “refrain from influencing in any manner the outcome of litigation or
dispute pending before another court or administrative agency.” The slightest form of
interference cannot be countenanced. Once a judge uses his influence to derail or
interfere in the regular course of a legal or judicial proceeding for the benefit of one or
any of the parties therein, public confidence in the judicial system is diminished, if not
totally eroded.

Fast facts
Justice Demetrio G. Demetria was found guilty on March 27, 2001 of interceding in
behalf of suspected drug queen Yu Yuk Lai, Demetria being in violation of the Code
of Judicial Conduct. Demetria, then an Associate Justice of the CA, was dismissed
from service with prejudice to his appointment or reappointment to any government
office, agency, or instrumentality, including GOCCs or institutions. All his benefits
were ordered forfeited.

Among other events, Demetria accompanied a certain Go Teng Kok and Atty.
Reinerio Paas to the office of SP Formaran, the public prosecutor handling the Yu
Yuk Lai case. Upon meeting Formaran, Go Teng Kok readily asked the prosecutor
to withdraw his motion for inhibition, i.e. the unsigned letter of “concerned court
employees,” was “not strong”. Formaran declined the request and simply said that
he would bring the matter to CSP Jovencito Zuño, with Demetria commenting, “Iyon
pala.” Demetria then called Zuño and requested the CSP to order Formaran to
withdraw the MFI.

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