Title
Bitoon vs. Toledo-Mupas
Case
A.M. No. MTJ-05-1598
Decision Date
Aug 9, 2005
Judge reclassified syndicated estafa to simple estafa, granted bail without hearing, suspended for gross ignorance of the law.
judge
incompetence
bail

Case Summary (A.M. No. MTJ-05-1598)

Factual Background

The records showed that on August 23, 2001, complainants filed three criminal complaints for preliminary investigation with the MTC, Dasmarinas, Cavite, against accused persons including Eva Malihan, Sister Trinidad Sinagbulo, Mely Vargas, Geraldine Baldovino, Belen Liwanag, Juanita Sanchez, and Nelia Tizon. The complaints alleged syndicated estafa. Complainants asserted that the accused, presenting themselves as officers of the Rapasedala Parents and Community Association Phase I and Phase II, Inc., induced complainants to become members under the promise that they could buy lands owned by the association at a discount. Complainants Bitoon and Cantada agreed to purchase lots in Piela, Sampaloc, Dasmarinas, while Mendoza and Glorioso agreed to purchase lots in Brgy. San Jose, Dasmarinas. After paying installments, complainants allegedly discovered that none of the sold lands was owned by the association and that the accused had merely misappropriated their money.

On August 24, 2001, respondent issued a warrant of arrest against all the accused and did not recommend bail. Eva Malihan, a barangay kagawad, was arrested on the same day at the session hall of the Sangguniang Bayan of Dasmarinas, Cavite, and was committed to the municipal jail upon respondent’s order.

Complainants alleged, however, that Malihan was not actually incarcerated. They claimed that police allowed her to roam the municipal building and buy food from nearby stores. They also alleged that their repeated requests to transfer Malihan to the Bureau of Jail Management and Penology or the provincial jail were disregarded due to the interference of Valeriano Encabo, a member of the Sangguniang Bayan. Because of this, complainants filed a motion in respondent’s sala on August 28, 2001, praying for Malihan’s transfer. They furnished copies of the motion to the Chief of Police and to Judge Dolores Espanol, Executive Judge of the Regional Trial Court of Dasmarinas, Cavite, noting that Judge Espanol had a pending administrative case against respondent.

Complainants further narrated that when respondent learned that Judge Espanol had received a copy of the motion, respondent allegedly felt insulted and scolded Atty. Miriam Clorina-Rentoy during a town fiesta at Valeriano Encabo’s house. Complainants also alleged intentional delay by respondent on the motion for transfer, allegedly influenced by Encabo and Mayor Elpidio Barzaga, Jr.. They relied on specific incidents: respondent’s only apparent action was an order to the Chief of Police to file a comment, which, complainants said, was not served until September 3, 2001, and allegedly on a chance basis when a police officer happened to go to the courthouse. They also claimed that on the morning of August 29, 2001, Atty. Clorina-Rentoy’s secretary, Jesselyn Hayag, allegedly heard respondent instruct a court personnel to tell the Chief of Police not to transfer Malihan if he did not wish the Mayor to punish him.

On September 2, 2001, complainant Atty. Clorina-Rentoy allegedly received a copy of Malihan’s Urgent Petition for Bail, filed two days earlier, set for hearing on September 3, 2001. On that date, respondent allegedly did not conduct any hearing. Instead, respondent ordered complainant Atty. Clorina-Rentoy to file comment or opposition, which was reportedly received seven days later. On September 14, 2001, respondent granted the petition for bail, reasoning that the crime committed was only simple estafa, and therefore bail was a matter of right.

Complainants challenged the speed and manner of the ruling. They alleged that although Malihan’s counsel received a copy of respondent’s resolution only at 4:30 p.m. on September 14, 2001, Malihan nonetheless filed a motion to reduce bail and posted the required bond by 4:00 p.m. They claimed that the signature in the court’s records showed that a copy of the resolution was released simultaneously with the order of release to Malihan’s brother at 4:00 p.m.. They also noted a bail bond release around 3:45 p.m. based on a certification from the bonding company, and surmised that respondent informed Malihan in advance of the resolution.

Respondent’s Position and Explanation

In her comment, respondent denied the allegations of bias and impropriety and insisted that she acted within the law. She explained that a hearing on Malihan’s application for bail was unnecessary because Malihan was entitled to bail as a matter of right. Respondent asserted that the allegations from both parties showed that Rapasedala Parents and Community Association Phase I and Phase II, Inc. was neither a rural bank, cooperative, samahang nayon, farmer’s association, nor a corporation or association operating on funds solicited from the public. Respondent further claimed that accused Eva Malihan acted alone in swindling the complainants. From these premises, respondent concluded that the elements of syndicated estafa were not present.

Respondent also claimed that complainants were nevertheless sufficiently heard. She pointed out that she ordered complainants to file their opposition and granted them a five-day extension over the objections of Malihan’s counsel.

As to the personal accusations, respondent denied that she slandered Atty. Clorina-Rentoy during a town fiesta at Valeriano Encabo’s house, denied that she was irked by the furnishing of a copy of the motion to transfer to Judge Espanol, denied that she instructed a court personnel to tell the Chief of Police not to transfer Malihan, and denied willful delay on the motion to transfer. Respondent also denied that she informed Malihan in advance of the bail resolution. She offered an additional explanation for Malihan’s release, stating that Malihan’s release on the same day the bail resolution issued was attributable to Malihan’s relatives’ efforts, not to any preferential treatment.

Respondent further explained that she took no further action on the motion to transfer besides ordering the Chief of Police to comment because Judge Espanol granted the motion on September 4, 2001, leaving no further action for respondent.

Proceedings Before the Office of the Court Administrator

On April 24, 2002, the Office of the Court Administrator (OCA) recommended the dismissal of the complaint for lack of sufficient evidence to hold respondent administratively liable for manifest bias and partiality and for conduct prejudicial to the best interest of the service. On July 8, 2002, the Court adopted the OCA’s recommendation.

Complainants moved for reconsideration on September 13, 2002, arguing that the OCA erred in classifying their complaint only as involving manifest bias and partiality and conduct prejudicial to the best interest of the service, rather than focusing on gross ignorance of the law. Complainants argued that respondent’s errors involved: first, granting bail without a hearing in a non-bailable offense; and second, changing the designation of the offense from syndicated estafa to simple estafa despite alleged lack of authority. Complainants clarified that their assertion of manifest bias and partiality was part of their overall complaint.

On June 28, 2004, the Court required respondent to comment on the motion and referred the case back to the OCA for re-evaluation. After respondent submitted her comment as directed, on March 7, 2005, the OCA submitted its compliance. In its memorandum, the OCA found respondent liable for gross ignorance of the law and manifest bias and partiality and recommended a fine of P10,000.

The Parties’ Contentions on the Core Issues

Complainants maintained that respondent committed gross ignorance of the law by (1) changing the offense from a non-bailable syndicated estafa to a bailable simple estafa, and (2) granting bail without conducting a required hearing for a capital offense-type case where bail should not be granted when evidence of guilt is strong. They also urged that respondent’s lack of competence was shown by the alleged precipitous and procedurally irregular handling of Malihan’s bail application and release.

Respondent, for her part, argued that the grant of bail was compelled because Malihan was entitled to bail as a matter of right. She contended that a hearing was unnecessary because she determined that the crime was only simple estafa. She also asserted that complainants were given opportunity to oppose, and she denied that her acts were motivated by malice or corruption.

Legal Basis and Reasoning of the Court

The Court held that in the preliminary investigation of a criminal offense, the municipal trial judge had no legal authority to determine the character of the crime. The judge’s authority was limited to determining whether the evidence presented supported the complainant’s allegations in the complaint. The Court emphasized that it is the prosecutor who has the power to determine the character of the crime or to change the designation of the crime as may be warranted by the facts.

The Court likewise held that judges are expected to know that in indictments for capital offenses such as syndicated estafa, bail shall not be granted when the evidence of guilt is strong. The Court acknowledged that the determination of whether the evidence of guilt is strong involves judicial discretion, but stressed that such discretion lies not in the decision whether a hearing should be held. Instead, it lies in the appreciation and evaluation of the weight of the prosecution’s evidence of guilt after such evidence is submitted at the required hearing.

The Court further explained that a bail hearing is absolutely necessary and indispensable because the prosecution must be afforded a reasonable opportunity to present all evidence necessary for its opposition to bail. The Court stressed that evidence of guilt must be submitted to the court so that the prosecution may exercise the right of cross-examination and introduction of rebuttal evidence, and because evidence cannot be properly w

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