Case Digest (Adm. Matter No. RTJ-96-1335)
Facts:
Inocencio Basco v. Judge Leo H. Rapatalo, A.M. No. RTJ-96-1335, March 05, 1997, Supreme Court Second Division, Romero, J., writing for the Court.Complainant Inocencio Basco, father of a murder victim, filed a sworn letter-complaint charging respondent Judge Leo M. Rapatalo of the Regional Trial Court (RTC), Branch 32, Agoo, La Union, with gross ignorance or willful disregard of the law for having granted bail to an accused in a murder case (Criminal Case No. 2927) without receiving evidence or conducting a hearing.
The factual chronology: an information for murder was filed against Roger Morente (one of three accused). Morente filed a petition for bail. The petition was set for hearing on May 31, 1995 but was not heard because the respondent judge was on leave; it was reset to June 8, 1995 and then to June 22, 1995. On June 22 arraignment and trial setting occurred instead and the prosecution’s witnesses allegedly were not notified, so the bail petition remained unheard; another hearing was scheduled for July 17, 1995. Complainant later saw the accused at large on July 3, 1995 and learned that a release order dated June 29, 1995 had already issued. The release order was said to have been issued on the basis of a marginal note dated June 22, 1995 by Assistant Prosecutor Manuel Oliva stating “No objection: P80,000.00,” which the judge approved.
Respondent Judge Rapatalo explained in his comment that he granted bail because the prosecutor did not oppose and recommended bail at P80,000.00; he said the private prosecutor was absent and that he relied on the public prosecutor’s recommendation. The respondent further stated that the bail bond was later cancelled and a warrant of arrest issued after complainant’s motion for reconsideration; the accused was eventually confined in La Union Provincial Jail.
The Office of the Court reviewed the matter as an administrative complaint against a judge. The Court considered controlling law under Rule 114 of the Rules of Court (Sections 6–8, 18, 19 as amended by Administrative Circular No. 12-94) and an extensive line of prior administrative and criminal jurisprudence addressing when and how bail must be granted in capital or otherwise life-im...(Pro-only)
Issues:
- Did respondent Judge Leo M. Rapatalo violate procedural due process and commit gross ignorance or willful disregard of law by granting bail without conducting a hearing to determine whether the evidence of guilt was strong?
- Does the prosecution’s written “no objection” or the assistant prosecutor’s marginal note suffice in lieu of a hearing under the Rules of Court?
- What disciplinary sanction, if any, is ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)