518 Phil. 166
CARPIO MORALES, J.:
During the hearing of January 6, 2004 the accused Erlinda Vargas[4] failed to appear in court in spite receipt of notice. She was required to explain in writing why no warrant of arrest shall be issued. No explanation was received by the court. For defying the order of this court she is hereby committed to the BJMP Ivisan, Capiz for two (2) days detention.It appears that complainant got wind of the January 16, 2004 Order of respondent on the same day. She thus posted also on the same day, January 16, 2004, a cash bond of P12,000 before the Municipal Treasurer of Ivisan, Capiz of which she is a resident, and for which she was issued Official Receipt (O.R.) C No. 0944912.
The Provincial Prosecutor finding probable cause filed an information against the herein accused for Direct Assault.
In order not to frustrate the ends of justice, let a warrant of arrest issue. The bail for her temporary liberty is hereby fixed at P12,000.00. (Underscoring supplied)
x x x His hasty order detaining complainant without awaiting her comment and without conducting the necessary hearing is a clear violation of the rules. Respondent judge should be reminded that he should not cut short the proceedings simply because the last day for complainant to file her explanation fell on a Friday or that there was a need to discipline the latter to ensure her prompt attendance in court hearings. Complainant should not be deprived of her liberty without due process of law.The OCA accordingly gave the following Recommendation:
While it may be said that respondent judge was merely exercising the inherent power of the court to punish for contempt, such power should be exercised with due regard to the rights of the contemner and must be exercised on the preservative, not vindictive, and on the corrective, and not retaliatory idea of punishment. The court must exercise the power to punish for contempt for purposes that are impersonal, because that power is intended as a safeguard not for the judge as persons but for the functions that they exercise.
In fine, the rule (Section 3, Rule 71, 1997 Rules of Civil Procedure) violated by respondent judge is so basic that not to know it or to act as if he does not know it constitute gross ignorance of the law which is punishable by a fine or suspension from office without salary and other benefits for more than three (3) [months] but not exceeding six (6) months; or a fine of more than P20,000.00 but not exceeding P40,000.00. Considering that this is the first offense of Judge Orola Jr., a fine of P20,000.00 is commensurate.
As regards the alleged refusal to accept complainant's cash bond, it was erroneous to have required the complainant to return the official receipt to the Municipal Treasurer of Ivisan, Capiz and post the money in court. However, such indiscretion was committed by the Clerk of Court and not respondent judge. Moreover there is no clear showing that respondent judge instructed the Clerk of Court not to accept the official receipt issued by the Municipal Treasurer. Also, respondent judge's refusal to act on complainant's release order and other pertinent papers in his residence is a policy which is left to the discretion of respondent judge. It will be noted however that respondent judge on the following day immediately approved her cash bond and ordered her release.[9] (Citations omitted) (Underscoring supplied)
(a) The instant administrative complaint be RE-DOCKETED as a regular administrative matter; and(b) Respondent Judge Rafael P. Orola, Jr. of the 3rd MCTC, Dao-Ivisan, Capiz be ordered to pay a FINE in the amount of TWENTY THOUSAND PESOS (P20,000.00) for gross ignorance of law with stern WARNING that a repetition of the same or similar offense in the future shall be dealt with more severely.[10] (Emphasis in the original)
Sec. 21. Forfeiture of bail. - When the presence of the accused is required by the court or these Rules, his bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. Within the said period, the bondsmen must:Respondent did not, however, follow the above-quoted rule. Instead, he issued a bench warrant for complainant's arrest and detention, with the requirement that she post a bailbond of P12,000 "for temporary liberty."(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted. (Italics in the original; underscoring supplied)
Sec. 3. Indirect contempt to be punished after charge and hearing. - After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt:In his Notes under above-said Section 3 of Rule 71, Justice Regalado states:x x x x
(b) Disobedience of or resistance to a lawful writ, process, order or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto;x x x x (Italics in the original, underscoring supplied)
In the present case, respondent did not comply with the second requisite. He gave complainant 10 days from receipt of the order or until January 16, 2004 to comply therewith. Yet respondent issued on January 16, 2004 his questioned order, despite the fact that complainant had until the afternoon of that day to comply with it. If complainant had filed via registered mail on January 16, 2004 her explanation in writing but that said explanation had not been received by the court, she certainly did not fail to comply with the January 6, 2004 Order on January 16, 2004, hence, the issuance by respondent of the January 16, 2004 was premature and, therefore, erroneous, to say the least.Thus, the procedural requisites for indirect contempt proceedings are (a) a charge in writing or an order of the court to appear and explain, and (b) an opportunity for the respondent to comment on the charge and to appear and explain his conduct.[11] (Emphasis and underscoring supplied)
- With some minor changes in the phraseology, this provision is a reproduction of the former Sec. 3 of this Rule. It is now specified that the respondent should (a) be given an opportunity to comment on the charge within such period fixed by the court, and (b) be heard thereon by himself or counsel.