Case Summary (A.M. No. 2124-MJ)
Background of the Case
The original judgment rendered by Judge Fernandez on January 8, 1979, convicted Carlos Lopez of grave threats, sentencing him to 1 month and 21 days of arresto mayor and a fine of P50. Following this, a motion for reconsideration was filed by the private prosecutor, claiming that the penalty set was incorrect and requesting a modification to increase it in accordance with Article 64 of the Revised Penal Code. The judge issued a modification order on January 22, 1979, increasing the penalty to 2 months and 1 day of arresto mayor after a hearing and prior to resolving Lopez’s appeal, which had been filed that same day.
Legal Issues
The central issue revolves around the timing and validity of the modification of the judgment. Lopez contends that the judge acted with "grave abuse of discretion" by modifying the penalty after the appeal had been perfected. Respondent Judge Fernandez argued that the appeal was not perfected until January 29, 1979, thereby maintaining that he retained jurisdiction to modify the judgment.
Applicable Laws
The Revised Rules of Court specifies that a judgment may be modified or set aside before it has become final or an appeal has been perfected. Per Section 3, Rule 122, an appeal is deemed perfected upon the filing of a notice of appeal and service to the opposing party. The Supreme Court has established precedent indicating that a trial court loses jurisdiction over a case upon the perfection of an appeal.
Findings
The Supreme Court found that there was insufficient evidence to demonstrate that the notice of appeal was effectively served on the adverse party or his attorney as required. Consequently, it upheld the view that Judge Fernandez did not violate any procedural rules grossly enough to warrant severe disciplinary action. The principle that a judge cannot be held administratively accountable for an isolated erroneous ruling was reinforced, relying on established jurisprudence indicating that such errors are correctabl
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Case Overview
- This administrative complaint involves Municipal Judge Augusto H. Fernandez of Digos, Davao del Sur, charged with "grave abuse of discretion amounting to ignorance of the law."
- The charge arises from Judge Fernandez's modification of a prior judgment in the criminal case People vs. Carlos Lopez, where he increased the penalty imposed after the accused had perfected his appeal.
Factual Background
- Carlos Lopez was charged with grave threats under Article 282 of the Revised Penal Code in Criminal Case No. 3418.
- On January 8, 1979, Judge Fernandez convicted Lopez, sentencing him to 1 month and 21 days of arresto mayor, a fine of P50.00, and costs.
- A motion for reconsideration was filed on January 17, 1979, by private prosecutor Hermenegildo Cabreros, seeking higher damages and arguing that the penalty should be increased to 2 months and 1 day of arresto mayor based on Article 64 of the Revised Penal Code.
- On January 22, 1979, after a hearing on the motion, Judge Fernandez issued an order modifying his earlier decision, increasing the penalty to 2 months and 1 day of arresto mayor but denying the damages requested.
Procedural History
- On the same day as the modification order, January 22, 1979, Carlos Lopez filed a notice of appeal to the Court of Appeals, which he rece