A Regional Trial Court (RTC) judge, who was convicted of murder for ordering the killing of his fellow judge, was dismissed as a member of the judiciary and disbarred as a lawyer by the Supreme Court (SC).
Dismissed from the service and disbarred was Judge Oscar D. Tomarong of RTC Branch 28 in Liloy, Zamboanga del Norte.
Tomarong was convicted in 2022 for the death of Judge Reymar L. Lacaya of RTC Branch 11 in Sindangan, Zamboanga del Norte.
While Tomarong’s appeal is still pending, a disciplinary proceeding was initiated motu proprio (on its own) by the Judicial Integrity Board (JIB).
In a full court decision made public on Tuesday, Dec. 23, the SC ruled that although Tomarong’s criminal conviction is still on appeal, a final conviction is not required to impose administrative penalties.
The SC said that in disciplinary cases, only substantial evidence is required to prove the judge committed a crime. Administrative cases are separate from criminal cases and do not require the same level of proof, it also said.
It said: “Tomarong’s case is a reminder that no one, not even members of the Bench, is above the law. Judges are the embodiment of law and justice. This responsibility is no small matter. Judges are held to the highest standards, both as to their grasp of, as well as their respect for, the law.”
It added that “judges must not only exhibit competence in their duties but must also inspire obedience to the law and faith in the Judiciary’s ability to render justice. This is a difficult task to which the Judiciary is committed. The Judiciary’s task of maintaining the people’s trust is undermined whenever judges neglect their duties, and worse, violate the laws that they are supposed to uphold. This case is the Court’s proof of its commitment to the public that no judge who so callously breaches the law and perpetrates an injustice will go unpunished.”
In a summary of the case records, the SC’s Office of the Spokesperson said the High Court reassigned in 2019 the two judges to each other’s court branches.
It said that after Judge Lacaya finished court hearings one afternoon, gunshots were heard while he was walking towards his vehicle which was parked near the court building. Later, Lacaya was found dead beside his vehicle.
During the trial of the case, Juliber Cabating, a public works employee who also served as Tomarong’s errand aide, testified that Tomarong instructed him to look for hired killers to murder Lacaya.
Cabating said Tomarong paid the killers P250,000 through him.
On Sept. 10, 2022, Tomarong was convicted beyond reasonable doubt of murder by inducement and accessory to the commission of murder.
He was sentenced to reclusion perpetua (a prison term ranging from 20 to 40 years) and ordered to pay the heirs of Lacaya P90,000 each for civil, moral, exemplary damages; and P9,262,479.60 as actual damages for loss of earning capacity.
Thereafter, the JIB initiated disciplinary proceedings against Tomarong.
The SC dismissed Tomarong from office, ordered the forfeiture of his retirement benefits, disbarred him from the practice of law, and disqualified him from reemployment in the government.
It pointed out that murder is a crime involving moral turpitude, a serious offense that warrants dismissal under the Rules of Court.
It explained that moral turpitude refers to acts that are grossly immoral, dishonest, and go against one’s duty to society.
It described Tomarong’s actions as among the gravest violations of judicial duty. It said: “The crime involved is a patent breach of the very essence of what it means to be a judge who carries the obligation and privilege of serving the people. At a time when the rise in the attacks against judges has even necessitated the adoption of measures to protect judges, a judge committing the murder of a fellow judge must be punished swiftly and severely.”
It pointed out that there was substantial evidence that Tomarong hired killers to murder Lacaya.
It said that aside from Cabating’s testimony, another witness confirmed being with the hired killers in the morning before the murder, and an eyewitness also saw and identified the killers fleeing from the court building shortly after the shooting.
It added that Tomarong is unfit to practice law as it emphasized that the Code of Professional Responsibility and Accountability prohibits lawyers from engaging in unlawful, dishonest, or immoral conduct.
A lawyer who shows “utter disregard for the sanctity of human life” cannot remain a member of the legal profession, it stressed. (Rey G. Panaligan)
