Case Summary (A.M. No. RTJ-18-2525)
Overview of Allegations
Rodriguez filed a complaint-affidavit against Judge Oscar P. Noel, Jr. for alleged violations of the Rules of Court and the Code of Judicial Conduct, including gross ignorance of the law, grave abuse of discretion, and bias and partiality. This stemmed from two cases: (1) the determination of bail for several individuals charged with frustrated murder and (2) a civil case involving Golden Dragon International Terminals, Inc. (GDITI).
Background of Events
Rodriguez took control of GDITI operations at MAKAR Wharf following a judicial order. The previous management, led by Cirilo Basalo, continued operating despite a temporary injunction. An incident occurred on June 26, 2015, where Rodriguez faced aggression from Basalo and his accomplices, prompting him to file a complaint for frustrated murder against them days later.
Judge's Actions and Controversies
On June 28, 2015, Judge Noel issued a Temporary Release Order for Basalo and another accused, prompting Rodriguez to argue that this was improper as the petition for bail had not yet been filed, which occurred the following day. Additionally, Rodriguez contested the issuance of a 72-hour temporary restraining order (TRO) on July 10, 2015, claiming it was extended unlawfully beyond 72 hours without proper notice.
Response from Judge Noel
In his defense, Judge Noel explained that the individuals had been detained prior to issuing the release order and that he only acted on the bail application brought to him on a Sunday when courts were closed. He argued that issuing the Temporary Release Order was justified given the urgency of the situation and the inability to file on weekends.
Office of the Court Administrator's Findings
The Office of the Court Administrator (OCA) found Judge Noel guilty of gross ignorance of the law concerning the improper extension of the TRO, and recommended reprimanding him. The OCA noted that the TRO exceeded the 72-hour limit laid out in the Rules of Court, thus constituting a breach of protocol.
Supreme Court’s Ruling
The Court addressed the allegations of administrative liability focusing on whether Judge Noel’s actions regarding the Temporary Release Order and the TRO were justified. It acknowledged that while government offices, including the Office of the Clerk of Court, were closed on the Sunday when the release order was issued, it found that Judge Noel acted within his rights as a judge to respond to urgent matters even on weekends.
Conclusion Regarding the Temporary Release Order
The Court concluded that Judge Noel had acted appropriately when issuing the Temporary Release Order, as the petition for bail had bee
...continue readingCase Syllabus (A.M. No. RTJ-18-2525)
Introduction
- The case involves a complaint filed by Samuel N. Rodriguez (complainant) against Hon. Oscar P. Noel, Jr. (respondent), an Executive Judge/Presiding Judge of the Regional Trial Court of General Santos City, Branch 35.
- The complaint addresses allegations of violations of the Rules of Court and the Code of Judicial Conduct, gross ignorance of the law, grave abuse of discretion, and bias and partiality.
- The issues stem from two cases: Misc. Case No. 3957, related to the determination of bail for certain individuals, and Civil Case No. 8588, where Rodriguez is a party against Golden Dragon International Terminals, Inc. (GDITI).
Background Facts
- Rodriguez took over operations of GDITI at MAKAR Wharf, General Santos City, after a preliminary mandatory injunction was issued on January 8, 2014, in relation to Civil Case No. 1043.
- GDITI deals with the disposal of liquid and solid wastes from docking vessels.
- Previous management, led by Cirilo Basalo, continued operations despite the injunction, prompting Rodriguez to seek re-implementation of the injunction.
- On June 26, 2015, while inspecting operations, Rodriguez was involved in a violent incident allegedly initiated by Basalo and his associates, leading Rodriguez to file a complaint for frustrated murder against them.
- On June 28, 2015, the respondent issued a Temporary Release Order in favor of Basalo and one of his companions, despite the bail petition not being filed until June 29, 2015.
Allegations Against Respondent
- Rodriguez contended that the issuance of the Temporary Release Order before the actual filing of the bail petition constituted a violation of the Rule