Case Digest (A.M. No. RTJ-07-2058)
Facts:
The case involves an administrative complaint filed by Dolores S. Bago against Judge Ernesto P. Pagayatan of the Regional Trial Court (RTC), Branch 46, San Jose, Occidental Mindoro. The complaint, dated January 2, 2006, accused Judge Pagayatan of grave abuse of discretion, misconduct, inefficiency, and gross ignorance of the law in relation to Criminal Case No. R-4295 for Murder, entitled "People of the Philippines v. Orlando Gonzales, et al." The events leading to the complaint began on May 7, 1995, when Mayor Guillermo Salas of Bulalacao, Oriental Mindoro, was shot dead outside the home of his political rival, Nestor Gonzales. Following the incident, a criminal complaint was filed on May 19, 1995, against several individuals, including Orlando Gonzales and Rodel Gonzales.
The case underwent various legal proceedings, including a withdrawal of the complaint by the victim's brother due to inaction, a preliminary investigation by the Municipal Circuit Trial Co...
Case Digest (A.M. No. RTJ-07-2058)
Facts:
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.
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- The complaint was withdrawn on August 1, 1995, by Antonio Salas (the victim’s brother) due to lack of action.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.
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.
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.
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.
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.
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:
- 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.
- 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)