Case Digest (No. RTJ-95-1303)
Facts:
Atty. Gladdy S. Bernabe v. Hon. Judge Salvador A. Memoracion, A.M. No. RTJ-95-1303, August 11, 1997, Supreme Court En Banc, Davide, Jr., J., writing for the Court.Complainant Atty. Gladdy S. Bernabe (Commission on Human Rights) asked the Court Administrator to review the propriety of respondent Judge Salvador A. Memoracion’s modification of the sentence in Criminal Case No. 1771-227 tried before Branch 2 of the Regional Trial Court (RTC) of Basilan, which respondent Memoracion then presided over.
An information charged three Marine soldiers (Pfc. Vicente Machon, Pfc. Jerramy Degollado, and Pfc. Renato Castulo) with Homicide and Double Frustrated Homicide in Criminal Case No. 1771-227. After trial the RTC rendered a judgment finding the three accused guilty and, applying the Indeterminate Sentence Law and aggravating circumstances, sentenced each to an indeterminate term stated as TWELVE (12) YEARS, FIVE (5) MONTHS AND ELEVEN (11) DAYS as minimum to FOURTEEN (14) YEARS, TEN (10) MONTHS and TWENTY (20) DAYS as maximum (reclusion temporal in its medium period), and awarded P50,000 moral damages to the heirs.
Before the decision became final, the accused filed motions for reconsideration. Respondent Judge Memoracion, invoking his power under Section 7, Rule 120 of the 1985 Rules of Criminal Procedure, modified the sentence by reducing it to a straight six (6) years imprisonment, denied the prosecution’s motion for reconsideration of that modification, and granted the accuseds’ applications for probation. The prosecution did move for reconsideration of the modified order but the respondent denied it.
Complainant brought the matter to the attention of the Court Administrator. Deputy Court Administrator Juanito A. Bernad (with approval by Court Administrator Ernani Cruz Pano) initially recommended reprimand and an explanation from the judge about discrepancies in his date of birth records. The Court issued an order to show cause (15 March 1995) why disciplinary sanction should not be imposed for gross ignorance of law/incompetence and grave abuse of authority for (1) the imposition of a single indeterminate penalty as pronounced and (2) the later reduction to six years, and also required explanation of discrepancies in respondent’s reported date of birth.
Respondent filed a Reply contending he had authority under Section 7, Rule 120 to modify the judgment before finality, that his modification was the product of review of the facts and motions, and that any error was one of judgment not subject to discipline; he also explained the DOB issue and described pressures and the difficult security situation in Basilan as background.
The Court referred the case to the Office of the Court Administrator (OCA). The OCA evaluated the records and concluded that respondent acted with gross ignorance of the law in reducing the sentence and recommended a reprimand and P5,000 fine. The Court, after independent review, found further errors: the information actually charged separate crimes (so multiple penalties could be imposed), the indeterminate sentence as originally stated was improperly computed (minimum exceeded the next lower degree), and the reduction to six years was two degrees lower than the penalty for homicide and could not be justified by any recognized mitigating circumstance. The Court also found an apparent attempt to alter the judge’s date of birth and deficiencies in record-keeping. The Court imposed a fine of FORTY THOUSAND PESOS (P40,000.00)...(Subscriber-Only)
Issues:
- Was respondent Judge Salvador A. Memoracion’s modification of his judgment before finality permissible under procedural law and, if so, did that procedural authority absolve him from administrative liability?
- Was the reduction of the sentence to six (6) years legally supportable under the facts charged, the Revised Penal Code, and the Indeterminate Sentence Law?
- If respondent committed an administrative offense, what disciplinary sanction was appropriate, and must he expl...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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