Case Digest (A.M. No. RTJ-08-2131)
Facts:
Lorna M. Villanueva v. Judge Apolinario M. Buaya, A.M. No. RTJ-08-2131 (Formerly OCA IPI No. 05-2241-RTJ), November 22, 2010, Supreme Court Third Division, Brion, J., writing for the Court.In June 2004 Villanueva executed an affidavit accusing then Vice‑Mayor Constantino S. Tupa of offenses against a child under R.A. No. 7610 (Section 5(b)); the Municipal Trial Court (MTC) found probable cause and allowed bail. On September 27, 2004, the Assistant Provincial Prosecutor issued a Joint Resolution recommending the filing of two informations for violation of Section 5(b) in relation to Section 31 (which treats penalties for public officers as to be imposed in their maximum), and recommended cancellation of the bail previously posted.
The Provincial Prosecutor filed two informations before the Regional Trial Court (RTC), Branch 17, Palompon, Leyte, with no recommendation for bail. Presiding Judge Eric F. Menchavez issued arrest warrants that were not served because Tupa went into hiding; Menchavez was later reassigned and on December 8, 2004 Judge Apolinario M. Buaya was designated Acting Presiding Judge of RTC, Branch 17.
Also on December 8, 2004 Tupa surrendered and filed an Urgent Ex‑Parte Motion to Grant Bail with the RTC; on the same day Judge Buaya issued an order granting bail ex parte — without notice to the prosecution and without a hearing. Villanueva moved for reconsideration on December 16; Judge Buaya declined to act on the merits because the motion lacked the public prosecutor's conformity, and instead allowed the accused to comment within ten days.
Aggrieved, Villanueva filed an administrative complaint (dated March 15, 2005) charging Judge Buaya with Gross Ignorance of the Law and Abuse of Authority. The Office of the Court Administrator (OCA) required Judge Buaya to comment; he defended his order on the ground that bail was a matter of right and thus no hearing was required, and later submitted an affidavit of desistance and a stenographic transcript showing Villanueva's retraction in related proceedings.
While the administrative case was pending, the Court of Appeals in CA‑G.R. SP No. 00449 granted certiorari and prohibition and annulled Judge Buaya’s order granting bail; Villanueva furnished that decision to the OCA. Court Administrator Zenaida Elepano recommended t...(Subscriber-Only)
Issues:
- Does the complainant's desistance bar or divest the Supreme Court of jurisdiction to investigate and decide an administrative complaint against a judge?
- Did respondent Judge Apolinario M. Buaya commit gross ignorance of the law and grave abuse of authority by granting an ex‑parte application for bail wi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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