Datoon Vs Judge Kapili

Datoon vs.
Kapili
A.M. No. RTJ-10-2247 March 2, 2011
Mendoza, J.
Facts:
- Jocelyn Datoon (Datoon) averred that on Dec. 11, 2008, at around 3 am, she was in the labor room of Salvacion
Oppuz Yniguez Hospital (SOYMH), waiting to give birth. She was accompanied by her father Jose Gagan
(Gagan).
o Suddenly, they were disturbed by Judge Bethany Kapili (Judge Kapili) who appeared to be drunk (with
his face reddish and his sleepy). He entered the labor room with a gun tucked at his waist. He was calling
out Lor, Lor, looking for his wife, Dr. Lorna Kapili (Dr. Kapili), a practicing obstrecian-gynecologist.
o Not seeing his wife, he left and entered the delivery room. He came back a few minutes later, during
which Datoon was crying because of labor pains. Judge Kapili allegedly pointed his gun at her and asked
Whats your problem? This caused Datoon to cry hysterically while saying Please dont sir, have
pity.
o At that moment, a woman entered the room and informed Judge Kapili of the whereabouts of his wife,
after which he left.
o Because of the incident, Datoon was said to have been unable to go through normal delivery and had to
undergo caesarian operation instead.
o She then filed the case for Conduct Unbecoming of a Member of the Judiciary, and Gross Misconduct
Amounting to Violation of the Code of Judicial Conduct.
- Judge Kapili: admitted being at SOYMH at that date, but denied having a gun.
o He related that he received several phone calls from a woman patient who was looking for his wife, Dr.
Kapili. He tried to contact his wife by telephone, but she failed to answer, prompting him to proceed to
the hospital to look for her with his security escort, PO2 Jimmy Ganosa (PO2 Ganosa), whose
Affidavit was attached to the Comment.
o At the hospital, Judge Kapili instructed PO2 Ganosa to proceed to his mother-in-law's house to check if
his wife was there. He then proceeded to the labor room where he saw Datoon who appeared to be in pain
and was surprised by his appearance.
He was irked by her reaction so he approached her to ask what her problem was.
o He asserted that he did not have a gun and was instead carrying a clutch bag, which Datoon might have
mistaken as containing a firearm.
o He also denied that Gagan was in the room, as it was only Datoon and the midwife Ermelinda Costillas,
who was the one who informed him that his wife was resting in the Doctors lounge. The affidavit of the
midwife was attached to the Judge Kapilis comment.
o He is of the belief that this is a ploy from the Hospital Administrator Cielveto Almario (Almario) in
retaliation for the various letters he wrote to the hospital management and to various govnt agencies
criticizing the services of the hospital.
- Verified reply of Datoon: Judge Kapili (who came from an influential family) had been sending her emissaries to
convince her to drop the complaint. Also, Judge Kapili did not deny the claim that he was drunk that night.
- Rejoinder of Judge Kapili: claimed that Datoon told a co-worker, Flordeliza Marcojos, that he did not really point
a gun at her and that Datoon was made to sign an already-prepared complainant in exchange for employment in
the government office.
o He admitted sending persons to contact Datoon and her father, but it was only to meet them, not to harass
them.
o Also, according to one Orit, it was Gagan who was asking for P150K to drop the case.
o Both Marcojos and Orits affidavits were attached to the Rejoinder.
- Sur-Rejoinder of Datoon: Basically denied the arguments in the Rejoinder.
- Datoon testified on her own behalf but presented no other witnesses; Judge Kapili, on the other hand, presented 3
witnesses:
o Judge Paler-Gonzalez: testified that when she met with Datoon, the latter told her that the complaint and
affidavit were already prepared by Almario, and that she was not certain of the truth of her statements
because she was experiencing labor at that time.
o Efledo Hernandez, executive assistant to the Governor: talked to Datoon to verify reports about certain
persons extorting from Judge Kapili. Datoon was said to have stated that the Judge never pointed a gun at
her and that she did not know who prepared the affidavit.
o Rodulfo Orit, kagawad: testified that he went to house of Gagan to convey the wish of the Judge to talk to
them. Gagan told him that for P150K, they would agree to meet him.
- Investigating Judge Alino-Hormachuelos: recommended the dismissal of the complaint for lack of merit.
Held:
- The Court adopts the findings and recommendation of the Investigating Judge. Charges against the Judge
not sufficiently substantiated by Datoon.
o Datoons testimony was uncorroborated. Although she has the affidavit of her father, still, she did not
present him as witness to corroborate her statement, nor was the woman (who entered the room and told
Judge the location of his wife) presented as witness.
o Datoons testimony replete with inconsistencies.
Complaint and affidavit: Judge was holding the gun
Testimony: carrying the gun at his waist, and that later, when the Judge re-entered the room, he
was pointing the gun at her.
o Highly unlikely that her crying would cause the Judge to pull a gun at her when he knows hes in a labor
room. In short, against human nature and experience.
o Datoon only surmised that Judge Kapili was drunk because his face was flushed and his eyes were sleepy.
It was the natural state of his face (flushed), and that it was 3am then and so his eyes were understandably
sleepy. Datoon also admitted that she did not smell of alcohol at that time.
o Datoon failed to address the testimonies of the two witnesses (Judge Paler-Gonzales and
Hernandez) about her said admission to them (separately) that she signed the complaint and
affidavit without meeting the lawyers who prepared the same.
Section 26, Rule 130: admissions of a party may be given in evidence against him or her.
Datoons admission against her interest, as narrated by two credible and neutral witnesses,
militates against the credibility of her charges. The presumption is that no person would
declare anything against himself unless such declaration were true.
Complaint Dismissed.

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