Case Digest (A.M. No. MTJ-96-1075)
Facts:
Pilar Vda. Dela Pena v. Hon. Judge Tiburcio V. Empaynado, Jr., A.M. No. MTJ-96-1075, November 27, 2000, June 17, 2002, Supreme Court First Division, Kapunan, J., writing for the Court.Complainant Pilar Garcia Vda. de Dela Pena (the widow) filed a verified administrative complaint with the Office of the Court Administrator against Judge Tiburcio V. Empaynado, Jr. of the Municipal Trial Court of Jaen, Nueva Ecija, charging him with gross ignorance of the law for acts connected to preliminary proceedings in two criminal cases arising from the killing of her husband, Leoncio Dela Pena. The complaint, written in Filipino, alleged that the accused, Emmanuel Leabres, who was charged in Criminal Case No. 30(95) under P.D. No. 1866 for illegal possession of firearms and in Criminal Case No. 33(95) for homicide, was allowed by Judge Empaynado to post bail (initially P50,000, later reduced to P40,000) and was maliciously denied transfer from the municipal jail to the provincial jail despite having completed preliminary investigations.
Judge Empaynado filed a comment through the Office of the Court Administrator responding that the charge of malicious denial of transfer was false because he had issued an Order dated July 21, 1995 directing the Clerk of Court to arrange the accused’s transfer; that Criminal Case No. 30(95) charged only simple illegal possession (punishable by reclusion temporal to reclusion perpetua) because the complaint did not allege that the unlicensed firearm was used in the killing; and that the reduction of bail was proper given the bailable nature of the charged offense and mitigating circumstances (voluntary surrender, no prior record). Complainant replied alleging the July 21 order was antedated and reiterating that the firearm’s use in the homicide made the PD 1866 charge punishable by death.
The Court referred the matter to Executive Judge Johnson Ballutay of the Regional Trial Court, Cabanatuan City, for investigation, report and recommendation. Judge Ballutay recommended imposing a P5,000 fine on respondent, finding that respondent was aware the unlicensed firearm was used in the killing and therefore should have followed the law accordingly. The Deputy Court Administrator, however, recommended dismissal of the complaint, concluding there...(Subscriber-Only)
Issues:
- Did respondent Judge Tiburcio V. Empaynado, Jr. commit gross ignorance of the law by allowing the accused to post bail in Criminal Case No. 30(95)?
- Did respondent maliciously deny the request to transfer the accused from the municipal jail to the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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