SC orders Makati judge dismissed for 2012 decision on death of ex-US Marine

April 30, 2018

The Supreme Court has ordered the dismissal of a Makati City judge after finding him guilty of ignorance of law and gross misconduct for issuing a decision in the 2012 killing of a former US Marine officer not based on factual and legal bases.

In a 13-page decision  made on March 6 but released to media on Monday, the SC imposed the ultimate administrative penalty of dismissal from service on Judge Winlove Dumayas of Makati City Regional Trial Court, Branch 59 for his judgment on July 2, 2014 that downgraded the charge against the accused: Crispin de la Paz and Galicano Datu III  from murder to homicide.

Court records showed George Anikow, then a Makati Bel-Air resident, and four men figured in a brawl on the night of Nov. 24, 2012, after the latter demanded access through a gate going to Rockwell complex. A reportedly drunk Anikow was beaten and stabbed to death.

The Supreme Court ordered the forfeiture of Dumayas' retirement benefits with prejudice to re-employment in government. Dumayas is supposed to retire this year.

The tribunal also faulted Dumayas' sentence of prison term of four years, two months and one day to six years, which made the accused eligible for probation.

"He granted the separate applications for probation of Dela Paz and Datu, effectively sparing them from suffering the penalties they rightfully deserve. The pattern of said acts appears to be deliberate, calculated, and meant to unduly favor the accused," the SC said.

The SC said 13 other administrative cases were filed against Dumayas from 2003 to 2016. DMS