The Supreme Court recently ordered a Regional Trial Court Judge to be separated from service after medical findings showed that he was suffering from psychosis. It said the judge’s medical condition made him unfit to perform his judicial functions.

The Court clarified, however, that the separation from service of RTC Judge Florentino V. Floro, Jr., of the Malabon City RTC Branch 73, is not a penalty. “It is imposed instead upon Judge Floro out of necessity due to a medically disabling condition of the mind which renders him unfit, at least at present, to continue discharging the functions of his office,” it said.

The Court said that Judge Floro lacks the judicial temperament and the fundamental requirements of competence and objectivity expected of all judges. It said that the findings of psychosis by the mental health professionals assigned to his case indicate gross deficiency in competence and independence. “He cannot thus be allowed to continue as judge for to do so might result in a serious challenge to the existence of a critical and impartial judiciary,” the Court said in a 75-page decision penned by Justice Minita V. Chico-Nazario.

“Psychic phenomena, even assuming such exist, have no place in a judiciary duty bound to apply only positive law and, in its absence, equitable rules and principles in resolving controversies. Judge Floro’s belief system, as well as his actuations in the eight months that he served as RTC judge, indubitably shows his inability to function with the cold neutrality of an impartial judge,” the Court stressed.

Concurring in the decision were Chief Justice Artemio V. Panganiban, Senior Associate Justice Reynato S. Puno, and Justices Leonardo A. Quisumbing, Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez, Antonio T. Carpio, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio Morales, Romeo J. Callejo, Sr., Adolfo S. Azcuna, Dante O. Tinga and Cancio C. Garcia.

The Court, however, did not disqualify Judge Floro from appointment to any other public office including government-owned or controlled corporations. It said that while Judge Floro may be dysfunctional as a judge because of the sensitive nature of said position, he may still be successful in other areas of endeavor. It noted that the SC Clinic medical report showing Judge Floro’s mental impairment also contained statements and findings in Judge Floro’s favor, such as his high intellectual assets and impressive academic achievements.

The Court also clarified that his separation from service did not carry with it forfeiture of all or part of his accrued benefits. It ruled that as a matter of equity, Judge Floro is entitled to back salaries, allowances and other economic benefits corresponding to three (3) years. Judge Floro’s preventive suspension lasted for almost seven years. The Court said, however, that he contributed to the delay in the investigation of his cases noting Judge Floro’s propensity to delay the resolution of his case through the indiscriminate filing of administrative cases against those he perceived connived to oust him out of office. In its ruling, the Court fined Judge Floro Php40,000 for seven of the 13 charges against him. It also dismissed two other charges against the judge, one for lack of merit and the other for being moot.

“Putting all of the above in perspective, it could very well be that Judge Floro’s current administrative and medical problems are not totally of his making. He was duly appointed to judgeship and his mental problems, for now, appear to render him unfit with the delicate task of dispensing justice not because of any acts of corruption and debasement on his part but clearly due to a medically disabling condition,” the Court said.

While the Court concluded that Judge Floro should not have joined the judiciary as RTC judge, it also said that it could not hold anyone legally responsible for the matter. It noted that while Judge Floro failed in the psychological examinations conducted by the SC Clinic in 1998 when he applied for judgeship position, such result was disregarded by the Judicial and Bar Council (JBC) as the judge was able to submit psychiatric evaluations conducted by mental health professionals from the private sector that were favorable to him. The Court said that the JBC was allowed to do so at that time since no rule was yet promulgated by the JBC requiring the applicant to submit to psychological/psychiatric tests to be conducted by the Supreme Court Clinic or by a psychologist and/or psychiatrist duly accredited by it. It was only in October 2000 that such a rule was promulgated.

Judge Floro, who was appointed RTC Judge in November 1998, admits to having “psychic visions,” of foreseeing the future because of his power in “psychic phenomenon.” He believes in “duwendes” and of a covenant he had with them. He also said that he can write while on trance and that he had been seen by several people to have been in two places at the same time. He also likened himself to the “angel of death” who can inflict pains on people, especially upon those he perceived to be corrupt officials of the Malabon RTCs. During court sessions, Judge Floro wore blue robes except on Fridays when he wore a black robe and black outfit from head to foot allegedly to recharge his psychic powers. He also conducted healing sessions inside his chambers during break time. (AM No. RTJ-99-1460, Office of the Court Administrator vs. Judge Florentiono V. Floro, Jr.; AM No. 99-7-273-RTC, Re: Resolution dated 11 May 1999 of Judge Florentino V. Floro, Jr.; AM No. RTJ-06-1988, Luz Arriego vs. Judge Florentino V. Floro, Jr., March 31, 2006)