A.M. No. MTJ-01-1368 :
JUDGE JOSE GODOFREDO M. NAUI, RTC, Branch 37, Bambang, Nueva Viscaya, complainant, vs. JUDGE MARCIANO C. MAURICIO, SR., MTCC, Branch 1, Palayan City, Nueva Ecija, respondent.
D E C I S I O N
CALLEJO, SR., J.:
Early in the morning of April 1, 1998, police officers of the
Criminal Investigation Service (CIS) of the Philippine National Police (PNP) in
Cabanatuan City, served the warrant on de Guzman, who was then in the poblacion of General Natividad, Nueva
Ecija and placed him under arrest.
Instead of surrendering De Guzman and delivering him to judge who issued
the warrant, the arresting officers brought him to Barangay Mag-asawang
Sampaloc, General Natividad, Nueva Ecija. The police officers proceeded to the
house of Judge Marciano C. Mauricio, Sr., Municipal Trial Court in Cities
(MTCC), Palayan City,
Nueva Ecija. De Guzman offered to deposit to Judge Mauricio, Sr. the cash
On the same day, Police Inspector Serafin Valdez of the PNP-CIS
informed Judge Naui, via a 1st
Indorsement, of the service of the warrant of arrest on De Guzman and the
latters subsequent release after depositing the amount of
On June 15, 1998, Officer-in-Charge Rosalie Dallong-Galicinao of
the RTC, Branch 37, sent a letter to the clerk of court of the MTCC, Palayan
City, requesting that the original copy of the release order issued by Judge
Mauricio, Sr., the original copy of the receipt therefor, and the addendum to
the cash bond of de Guzman be immediately forwarded to the Judge Nauis sala. The said clerk of court did not
respond. Another Letter dated
In a Letter dated
This is now my dilemma, I could not send you the requested documents because the Honorable Judge Mauricio has not yet located the same and he (Judge Mauricio) could not remember where he placed said documents.
Considering that the letter is now the third request for said purpose I have decided to frankly inform you of my situation. Under the situation, all that I could do is to gently remind our Judge to try to remember and locate the said documents which at the inception were in his possession and has never reached my desk.1cräläwvirtualibräry
In the meantime, the arraignment of De Guzman in Criminal Case
No. 1053-37 was set twice, and the accused failed to appear. On
On motion of de Guzman, the RTC set aside its
The RTC set the trial on
The Office of the Court Administrator (OCA) thereafter received a
In the meantime, due to his weakening condition, the respondent
judge applied for disability retirement, under Republic Act No. 910, as
amended. In a Resolution dated
In a Resolution dated
In the interim, Judge Mauricio, Sr. filed with this Court Urgent Motions for the Release of Retirement Benefits, manifesting that he is on the verge of the end of his earthly journey, and in view of his present state of health which has been steadily deteriorating, he was in dire need of finances to safe-keep his life. He likewise averred that should he be found guilty of the offense charged against him, the penalty that may be imposed may not be so extreme as to warrant the forfeiture of his entire retirement benefits. The respondent appealed to the Court to grant such release, and expressed willingness to withhold therefrom a considerable amount to answer for whatever liability may be imposed upon him by reason of the instant administrative complaint.
In a Report dated
We take exception to the manner by which the respondent Judge allowed the posting of the cash bond and the withdrawal of the same by the accused and his family.
The evidence on record disclosed that respondent judge allowed the accused to post his cash bond right in the confines of his (respondents) residence at
The following day (
As the accused did not post the surety bond he promised, he in effect enjoyed temporary liberty without the required bond. This eventuality was facilitated by the erroneous practice of respondent judge of conducting official function/s is in his residence. This should not be countenanced.
We find this practice improper if not anomalous as the residence of a judge is not an extension of his office or vice-versa. Such act constitutes misconduct in office for which respondent judge should be sanctioned.2cräläwvirtualibräry
We are not in full accord with the recommendations of the Deputy Court Administrator.
It bears stressing that respondent judge was not authorized to entertain, much less accept, the bail bond of De Guzman. Section 17, paragraph (a), Rule 114 of the Rules of Criminal Procedure provides:
Sec. 17. Bail, where filed.(a) bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal judge, or municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any Regional Trial Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.3cräläwvirtualibräry
De Guzman was arrested in Gen. M. Natividad, Nueva Ecija, a place other than where the criminal case filed against him was pending. Pursuant to the above rule, De Guzman had two options: to post bail in the court where his case was pending, or to post bail with any regional trial court in the province, city or municipality where he was arrested. In the absence of a regional trial court judge, he could file his bail bond with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein.4cräläwvirtualibräry
In this case, De Guzman did not file his bail bond with the RTC, Branch 37 where his case was pending; neither did he post bail with the court where he was arrested. Instead, he opted to post his cash bond with the respondent, the Presiding Judge of Branch 1 of the MTCC in Palayan City. Paragraph (a) of Section 17, paragraph (a) of Rule 114 of the Rules of Criminal Procedure provides that any metropolitan trial judge, municipal trial judge or municipal circuit trial judge in the place where the arrest was made may entertain and accept a bail bond only when no regional trial court judge is available. There is no showing that there was no regional trial court judge in Nueva Ecija available when De Guzman went to the respondent to deposit his cash bond.
What is more nettlesome is that De Guzman deposited his cash bond
in the residence of respondent. As aptly
put by DCA Perez, the residence of a judge is not an extension of his office.5
The respondent judge should have instructed De Guzman on the proper procedure:
to post bail in the court where his case was pending, or with the regional
trial court where he was arrested. Worse, the respondent himself received the
Sec. 14. Deposit of cash as bail.The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue, city or provincial, city or municipal treasurer the amount fixed by the court or recommended by the fiscal who investigated or filed the case, and upon submission of a proper certificate of deposit and of a written undertaking showing compliance with the requirements of Section 2 hereof, the accused shall be discharged from custody. Money thus deposited shall be considered as bail and applied to the payment of any fine and costs and the excess, if any, shall be returned to the accused or to whoever made the deposit.6cräläwvirtualibräry
Irrefragably, only the collector of internal revenue, city or provincial, city or municipal treasurer is authorized to receive bail in cash. A judge is not one of those authorized to receive a deposit of cash bail; nor should such cash be kept in the judges office, much less in his own residence.7cräläwvirtualibräry
The respondent judge committed another procedural lapsus when he failed to forward the receipt of the cash bail, release order and supporting papers to the RTC of Nueva Ecija where the criminal case filed against De Guzman was pending. He was bound to do so under Section 19 of Rule 114 of the Rules of Criminal Procedure, which provides:
SEC. 19. Release on bail.The accused must be discharged upon the approval of the bail by the judge with whom it was filed in accordance with Section 17 hereof.
Whenever bail is filed with a court other than where the case is pending, the judge accepting the bail shall forward the bail, the order of release and other supporting papers to the court where the case is pending, which may, for good reason, require a different one to be filed (idem, supra).
The respondent judge should forwarded the records pertaining to
the bail bond immediately after he received the bail same. Instead of
depositing the cash bond with the nearest collector of internal revenue or
treasurer, the respondent received the cash amount of
In fine, we find the respondent, guilty of gross ignorance of the law and gross negligence.
In Atty. Daniel O. Osumo vs. Judge Rodolfo M. Serrano,8 the Court said:
As we pointed out in Caas v. Castigador observance of the law which he is bound to know and swore to uphold is required of every judge. When the law is sufficiently basic, a judge owes it to his office to simply apply it; anything less than that would be constitutive of gross ignorance of law. In short, when the law is so elementary, not to be aware of it constitutes gross ignorance of law.
A judge is called upon to exhibit more than a cursory acquaintance with statutes and procedural rules. It is imperative that he be conversant with basic legal principles. Canon 4 of the Canon of Judicial Ethics requires that a judge must be studious of the principles of law, and Canon 18 mandates that he should administer his office with due regard to the integrity of the system of the law itself, remembering that he is not a depositary of arbitrary power, but a judge under the sanction of law.
The Code of Judicial Conduct also enjoins judges to be faithful to the law and maintain professional competence. Indeed, respondent judge owes it to the public and the legal profession to know the law he is supposed to apply to a given controversy. In order to render substantial justice and to maintain public confidence in the legal system, judges are expected to keep abreast of all laws and prevailing jurisprudence, consistent with the standard that magistrates must be the embodiment of competence, integrity and independence. Thus, it has been held that when the judges inefficiency springs from a failure to consider so basic and elemental a rule, a law or a principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds or he is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority.9cräläwvirtualibräry
In recommending a fine of
Respondent Judge is fined the amount of Five Thousand Pesos (
Bellosillo, (Chairman), Quisumbing, Austria-Martinez, and Tinga, JJ., concur.
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