Case Digest (A.M. No. RTJ-01-1648)
Facts:
Basa Air Base Savings & Loan Association, Inc. v. Regional Trial Court Judge Gregorio G. Pimentel, Jr., A.M. No. RTJ-01-1648, August 22, 2002, Third Division, Puno, J., writing for the Court.The administrative complaint was filed on February 1, 2001 with the Office of the Court Administrator by Col. Romeo T. Romero, President of Basa Air Base Savings & Loan Association, Inc. (the complainant), charging respondent Judge Gregorio G. Pimentel, Jr. of RTC Branch 50, Guagua, Pampanga, with unreasonable delay in rendering judgment, grave partiality and/or knowingly rendering an unjust judgment, and gross ignorance of the law in connection with two criminal cases (Criminal Case Nos. G-2768 and G-2772) against the association's teller, Asuncion Roque, filed in 1990 for qualified theft.
Several of the qualified theft cases were raffled to Branch 50. Complainant alleged delay because the prosecution filed its last memorandum in G-2768 on August 2, 1999 and in G-2772 on July 25, 2000, yet respondent took almost eighteen months to decide; complainant invoked Section 15(1) of the Constitution (three-month rule). For partiality and knowingly rendering an unjust judgment, complainant pointed to reports that Conrado Baluyut (the accused’s common-law spouse and former board member) frequented respondent’s chambers, to alleged advance knowledge and rejoicing by the defense before promulgation, the defense’s agitation when the assigned prosecutor was absent, and the acquittals in both cases; complainant also quoted the trial court’s acquittal language emphasizing absence of direct evidence.
Respondent answered that he inherited the cases, had not heard the witnesses and was unfamiliar with the factual records when reassigned; that he had been a judge for barely two years and was inventorying reassigned cases; and that the alleged contacts and accusations of bias were conjecture. He denied bad faith and urged leniency. The parties exchanged pleadings. The Office of the Court Administrator recommended administrative liability only for delay (fin...(Subscriber-Only)
Issues:
- Was respondent administratively liable for unreasonable delay in rendering judgment in Criminal Case Nos. G-2768 and G-2772?
- Was respondent administratively liable for gross ignorance of the law, grave partiality, and/or knowingly rendering an unjust judgme...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)