Title
Bago vs. Pagayatan
Case
A.M. No. RTJ-07-2058
Decision Date
Apr 7, 2009
Judge Pagayatan fined P20,000 for gross ignorance of law, failing to independently assess a murder case, relying on prosecutor's directive.
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Case Digest (A.M. No. RTJ-07-2058)

Facts:

  1. Incident and Initial Filing:

    • On May 7, 1995, Mayor Guillermo Salas of Bulalacao, Oriental Mindoro, was shot and killed.
    • A criminal complaint for Murder was filed on May 19, 1995, against several individuals, including Rodel Gonzales, Orlando Gonzales, and others.
  2. Withdrawal and Re-filing:

    • The complaint was withdrawn on August 1, 1995, by Antonio Salas (the victim’s brother) due to lack of action. It was then re-filed before the Municipal Circuit Trial Court (MCTC), which found probable cause and issued arrest warrants.
  3. Reinvestigation and Exclusion of Accused:

    • After reinvestigation, the Provincial Prosecutor reversed the MCTC’s findings and filed an Information for Murder against only Rodel Gonzales and Orlando Gonzales, excluding the other accused.
    • The private complainant appealed to the Department of Justice (DOJ), which initially ordered the inclusion of the excluded accused but later reversed its decision.
  4. Change of Venue and Trial:

    • The Supreme Court ordered the transfer of the case to the Regional Trial Court (RTC), Branch 46, San Jose, Occidental Mindoro, presided by Judge Ernesto P. Pagayatan.
    • Trial concluded on October 26, 1999, and both parties submitted their memoranda.
  5. Third Amended Information:

    • On December 1, 1999, the Executive Secretary issued a resolution favoring the exclusion of some accused.
    • On January 27, 2000, Judge Pagayatan admitted the Third Amended Information, which excluded several accused, based on the Executive Secretary’s resolution.
  6. Court of Appeals Decision:

    • Antonio Salas filed a Petition for Certiorari before the Court of Appeals, which annulled Judge Pagayatan’s order, finding that he committed grave abuse of discretion.
  7. Administrative Complaint:

    • Dolores S. Bago filed an administrative complaint against Judge Pagayatan for Grave Abuse of Discretion, Misconduct, Inefficiency, and Gross Ignorance of the Law.

Issue:

  1. Whether Judge Pagayatan committed grave abuse of discretion, misconduct, inefficiency, and gross ignorance of the law in admitting the Third Amended Information, which excluded several accused from the case.
  2. Whether Judge Pagayatan failed to independently evaluate the merits of the case, relying solely on the directive of the Chief State Prosecutor.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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