Title
Belga vs. Buban
Case
A.M. No. RTJ-99-1512
Decision Date
May 9, 2000
Police Chief Inspector Nestor B. Belga accuses Judge Mamerto M. Buban of gross ignorance of the law and violation of the Anti-Graft and Corrupt Practices Act for rendering a judgment of acquittal in a case of illegal possession of firearms based on a mission order instead of a necessary license. The Supreme Court upholds the complaint, finding Buban guilty of ignorance of the law and negligence in his duties, imposing a reduced fine and issuing a stern warning.
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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

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