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MANILA, Philippines (PNA) -- The Supreme Court (SC) has dismissed a
Baguio City Regional Trial Court (RTC) judge who ruled that the
controversial Golden Buddha was fake. In a 13-page ruling, the SC En
Banc dismissed Baguio City RTC Branch 3 Judge Fernando Vil Pamintuan
following the complaint filed by former First Lady and now Ilocos Norte
(2nd district) Rep. Imelda Romualdez Marcos. Pamintuan reversed the
final and executory order of a co-equal court who ruled over the custody
of the statuette. In his ruling, Pamintuan said that the statuette
which was in its custody was a fake. Nonetheless, the SC stressed that
such issue was not part of the final and executory decision which was
reversed by the other court. "This may be his opinion or the litigants'
during the hearing...but Judge Pamintuan should have realized that the
trial court did not rule on that point," the SC said. "Judge Pamintuan
indeed made a serious error in making such a pronouncement in the
challenged order...It is axiomatic that when a judgment is final and
executory, it becomes immutable and unalterable. It may no longer be
modified in any respect either by the court which rendered it or even by
this Court," the SC added. "It is inexcusable for Judge Pamintuan to
have overlooked such basic legal principle no matter how noble his
objectives were at that time...competence is a mark of a good judge,"
the SC ruled. It noted that the case filed by Mrs. Marcos is not the
first case against Pamintuan. The SC said that Pamintuan has other
administrative cases and has been suspended and fined. "The Court doubts
if he ever took seriously its previous warnings that a repetition of
his offenses would merit a more severe sanction from this court...This
Court should, therefore refrain from being lenient when doing so would
give the public the impression that incompetence and repeated offenders
are tolerated in the judiciary," the SC added. In his decision,
Pamintuan ruled that the Golden Buddha is a fake or a mere replica of
the original Golden Buddha which has a detachable head and which has
been missing since 1971. The Golden Buddha was found by
locksmith-turned-treasure hunter Rogelio Roxas in 1971 near a Baguio
hospital. It was allegedly taken from him by the late president
Ferdinand Marcos. It has been subjected to several court proceedings.
original link: [You must be registered and logged in to see this link.]
Baguio City Regional Trial Court (RTC) judge who ruled that the
controversial Golden Buddha was fake. In a 13-page ruling, the SC En
Banc dismissed Baguio City RTC Branch 3 Judge Fernando Vil Pamintuan
following the complaint filed by former First Lady and now Ilocos Norte
(2nd district) Rep. Imelda Romualdez Marcos. Pamintuan reversed the
final and executory order of a co-equal court who ruled over the custody
of the statuette. In his ruling, Pamintuan said that the statuette
which was in its custody was a fake. Nonetheless, the SC stressed that
such issue was not part of the final and executory decision which was
reversed by the other court. "This may be his opinion or the litigants'
during the hearing...but Judge Pamintuan should have realized that the
trial court did not rule on that point," the SC said. "Judge Pamintuan
indeed made a serious error in making such a pronouncement in the
challenged order...It is axiomatic that when a judgment is final and
executory, it becomes immutable and unalterable. It may no longer be
modified in any respect either by the court which rendered it or even by
this Court," the SC added. "It is inexcusable for Judge Pamintuan to
have overlooked such basic legal principle no matter how noble his
objectives were at that time...competence is a mark of a good judge,"
the SC ruled. It noted that the case filed by Mrs. Marcos is not the
first case against Pamintuan. The SC said that Pamintuan has other
administrative cases and has been suspended and fined. "The Court doubts
if he ever took seriously its previous warnings that a repetition of
his offenses would merit a more severe sanction from this court...This
Court should, therefore refrain from being lenient when doing so would
give the public the impression that incompetence and repeated offenders
are tolerated in the judiciary," the SC added. In his decision,
Pamintuan ruled that the Golden Buddha is a fake or a mere replica of
the original Golden Buddha which has a detachable head and which has
been missing since 1971. The Golden Buddha was found by
locksmith-turned-treasure hunter Rogelio Roxas in 1971 near a Baguio
hospital. It was allegedly taken from him by the late president
Ferdinand Marcos. It has been subjected to several court proceedings.
original link: [You must be registered and logged in to see this link.]