Case Digest (A.M. No. RTJ-99-1512)
Facts:
- Complaint filed by Police Chief Inspector Nestor B. Belga against Judge Mamerto M. Buban for gross ignorance of the law and violation of the Anti-Graft and Corrupt Practices Act.
- Case involves a judgment of acquittal rendered by Judge Buban in a case of illegal possession of firearms.
- Nestor B. Belga, Chief of Police of Tabaco, Albay, filed a case for illegal possession of firearms against Noel Bodota de Rama.
- Case was assigned to Judge Mamerto M. Buban of the Regional Trial Court of Tabaco, Albay, Branch 18.
- During the trial, it was established that de Rama was caught carrying a .38 caliber revolver without a license or permit.
- De Rama presented a mission order issued by the National Bureau of Investigation (NBI) as his authority to carry the firearm.
- Later revealed that de Rama was not an agent of the NBI and the mission order could not substitute for a license.
Issue:
- (Unlock)
Ruling:
- Judge Buban is guilty of ignorance of the law and neglige...(Unlock)
Ratio:
- The Supreme Court found that the mission order presented by de Rama could not take the place of a license.
- Judge Buban committed an erroneous conclusion in acquitting de Rama based on the existence of the mission order.
- Judges have an obligation to be conversant with basic legal principles and be aware of well-settled authoritative doctrines.
- Ignorance of the law, especially elementary notions and jurisprudence, is ...continue reading
Case Digest (A.M. No. RTJ-99-1512)
Facts:
The case of Belga v. Buban involves a complaint filed by Police Chief Inspector Nestor B. Belga against Judge Mamerto M. Buban for gross ignorance of the law and violation of the Anti-Graft and Corrupt Practices Act. The complaint stems from a judgment of acquittal rendered by Judge Buban in a case of illegal possession of firearms. Complainant Nestor Belga filed an Information for Illegal Possession of Firearms against Noel Bodota de Rama. The case was assigned to Judge Mamerto M. Buban of the Regional Trial Court of Tabaco, Albay, Branch 18. The accused pleaded not guilty. The trial court found that the accused was caught carrying a firearm without a license and presented a mission order from the National Bureau of Investigation (NBI) as his authority to carry the firearm. Based on these facts, Judge Buban rendered a decision acquitting the accused for failure of the prosecution to prove his guilt beyond reasonable doubt.
Issue:
The main issue raised in the case is whether Judge ...