Case Summary (G.R. No. 212815)
Facts of the Case
On September 3, 2008, Pantilo, whose brother was the homicide victim, attended inquest proceedings involving Melgazo. Later that evening, he was informed that Melgazo had been released from detention after posting bail of PhP 30,000, authorized by Judge Canoy. However, Pantilo was surprised to discover the following day that no formal charge had been filed against Melgazo, and that the release was based on a verbal order from Judge Canoy rather than a written one.
Procedures Surrounding Bail
On September 5, 2008, Melgazo filed a Motion for the Release of his impounded vehicle, but the hearing took place without proper notice to Pantilo, violating the three-day notice requirement under the rules. Judge Canoy issued an order allowing the prosecutor three days to comment but subsequently granted the motion despite the prosecutor's opposition, leading Pantilo to file a motion for inhibition against Judge Canoy, which was denied.
Judge's Response to the Complaint
Upon receipt of Pantilo's complaint, Judge Canoy defended his actions by emphasizing the constitutional right to bail. He contended that he acted in light of exceptional circumstances, as the physical release of Melgazo was justified despite procedural lapses. He maintained that a "constructive bail" was effectively granted and that he intended to process the necessary paperwork the following day.
Court Administrator's Evaluation
In evaluating the case, the Court Administrator found that Judge Canoy had indeed failed to follow the mandated procedures for granting bail as set out in the Revised Rules on Criminal Procedure. The judge's verbal order without a written application or acknowledgment of the required procedures constituted a breach of judicial conduct.
Judicia
...continue readingCase Syllabus (G.R. No. 212815)
Case Summary
- The administrative complaint was filed by Gaudencio B. Pantilo III against Judge Victor A. Canoy, who presided over the Regional Trial Court (RTC), Branch 29 in Surigao City.
- Pantilo accused Judge Canoy of gross ignorance of the law, grave abuse of authority, and appearance of impropriety, seeking disbarment in connection with Criminal Case No. 8072 concerning Reckless Imprudence Resulting in Homicide.
- The complaint arose from the premature release of the accused, Leonardo Luzon Melgazo, from detention without a formal basis.
Factual Background
- On September 3, 2008, Pantilo, the brother of the homicide victim, attended the inquest proceedings involving Melgazo along with police escorts.
- Pantilo learned later that day that Melgazo had been released from detention, despite the absence of a filed Information by the Prosecutor’s Office.
- It was revealed that a verbal order had been given by Judge Canoy for Melgazo's release after he posted bail, which was not in line with procedural rules.
- Pantilo discovered that no written Order of Release had been issued, raising concerns regarding the legality of the release.
Procedural Irregularities
- Pantilo filed a motion for the inhibition of Judge Canoy, which was denied.
- Following this, Pantilo submitted a for