A.M. No. MTJ-02-1412 - Miaque vs. Pamonag

Complainants – Bernie G. Miaque, Noel R. Cabobos, Rodolfo H. Divinagracia, and Peter G. Jimenea – are connected with the Daily Informer, a widely circulated newspaper in the Western Visayas.
The case arose from a libel complaint entitled "A Fraulen Cordero, et al. v. Bernie Miraque, et al." filed before the Municipal Circuit Trial Court of Pototan-Mina, Iloilo, Branch 008.

On August 27, 1998, the complainants were charged with libel in Criminal Case No. C-4493 before the said court.
Acting in his capacity as the presiding judge, Judge Nilo P. Pamonag conducted a preliminary investigation.
On September 2, 1998, the judge issued warrants for the arrest of the complainants, fixing bail at PhP 10,000.00 each.

On September 8, 1998, the complainants filed a petition for prohibition with a prayer for the issuance of a temporary restraining order and/or preliminary injunction to enjoin the enforcement of the arrest warrants.
On October 11, 1999, they filed an administrative case against Judge Pamonag, accusing him of gross ignorance of the law, grave abuse of judicial functions, and issuing patently illegal orders.
The complainants contended that, under Article 360 of the Revised Penal Code as amended by R.A. No. 4363, the judge was not authorized to conduct the preliminary investigation nor to issue the warrants.

In his Comment dated December 23, 1999, Judge Pamonag admitted that the issuance of the arrest warrants was an error. He explained that it was his first libel case and that he had relied on a pamphlet of the Revised Penal Code which had not been updated to include the provisions on the conduct of a preliminary investigation.
He expressed regret, noting that he could have rectified the mistake if his error had been pointed out earlier, and mentioned that his blunder had already been publicized in several issues of the Daily Informer.
The judge promised to keep himself updated on law, jurisprudence, and relevant circulars.
The Office of the Court Administrator (OCA) issued a report on January 15, 2002, finding him guilty of gross ignorance of the law and recommended that the case be re-docketed as a regular administrative matter with a fine equivalent to one month’s salary, along with a stern warning.

On April 10, 2002, the First Division officially docketed the case as a regular administrative matter and required the respondent to file a Comment.
In his Comment dated September 12, 2002, Judge Pamonag repled his earlier admission and attached newspaper articles showing a recent RTC ruling annuling the challenged preliminary investigation and warrants.
The matter was further evaluated, culminating in a memorandum by the OCA on January 27, 2003, which reiterated the recommended penalty.

Whether Judge Pamonag had jurisdiction to conduct a preliminary investigation in the libel case under the provisions of Article 360 of the Revised Penal Code, as amended by R.A. No. 4363.
Whether the Municipal Circuit Trial Court of Pototan-Mina, where the respondent presided in an acting capacity, qualified as a court authorized to conduct a preliminary investigation in libel cases.

Whether the respondent’s reliance on outdated legal materials, leading to gross ignorance of the law, constitutes a justifiable excuse under the principle that ignorance of the law does not excuse errors in judicial proceedings.
How the judge’s admission of his mistake and his subsequent corrective promise influence the appropriate penalty.

Whether the recommended penalty by the OCA — a fine equivalent to one month’s salary — was commensurate with the act of gross ignorance of the law.
Whether the reduction of the penalty, considering the respondent’s honest mistake and good faith, is justified.