511 Phil. 28
AUSTRIA-MARTINEZ, J.:
That on the strength of an illegal contempt order dated August 5, 2003 and issued by Judge Ildefonso B. Suerte of Branch 60, Regional Trial Court, sitting at Barili, Cebu, I was arrested on that same date by elements of the Badian PNP and Alcantara PNP, represented by SPO3 Rufino Tabañag, SPO3 Rolando Caballero, SPO3 Felipe Dinolan, Marcelino Cenarlo, and PO2 Vincent Aguanta.In his report dated June 18, 2004, Court Administrator Presbitero J. Velasco, Jr. made the following findings, to wit:
That despite efforts of my counsels to have me released, Judge Suerte refused to give me my freedom until and unless I withdraw an affidavit that I executed on May 2, 2003 before Prosecutor Jesus P. Feliciano, upon which was based a petition I filed on July 25, 2003 before the Court of Appeals for 'Certiorari and Prohibition With a Prayer for a Temporary Restraining Order' docketed as CA-G.R. No. 78210. This petition sought the prohibition of Judge Suerte from hearing and trying Crim. Cases No. CEB-BRL 900, 906, and 907 pending before said Judge Suerte;
That because of my illegal detention, my counsels filed a petition for Habeas Corpus before the Court of Appeals and it was only when Judge Suerte received the wire from the Court of Appeals that a Writ of Habeas Corpus had been issued in my favor on August 19, 2003 that he released me, but by that time, I had already spent a total of fourteen (14) days at the Barili Municipal Jail;
That this Affidavit is being executed to support a charge of ARBITRARY DETENTION against Judge Ildefonso B. Suerte, SPO3 Rufino Tabañag, SPO3 Rolando Caballero, SPO3 Felipe Dinolan, SPO3 Marcelino Cenarlo, and PO2 Vincent Aguanta, whose addresses are in the letter complaint which covers this Affidavit.[1]
In his Comment dated February 2, 2004, respondent alleged:
The accused, Silas Y. Cañada and now the petitioner in the present complaint OCA IPI No. 03-1916-RTJ, before his arrest was one of the most wanted DRUG PUSHER and ILLEGAL POSSESSOR of short and long firearms, was LEGALLY ARRESTED and LAWFULLY DETAINED. The instant issue was already resolved and decided by CA, Former Twelve Division on October 29, 2003.
No illegal arrest and no arbitrary detention.
I am enclosing herewith certified Xerox copy in nine pages of the decision of the CA, marked as ANNEX 'A'.[2]
The warrant of arrest was issued on the basis of the direct contempt order issued by the respondent against the complainant. As a result, complainant was detained for fourteen (14) days and only the writ of habeas corpus issued by the Court of Appeals saved her (sic) from further detention. Within her (sic) 14-day stay in jail, she (sic) was not able to post bond for temporary liberty apparently because the warrant of arrest issued by respondent judge indicated that she (sic) is not entitled to such a privilege. The words 'NO BAIL RECOMMENDED' were written on the face of the warrant of arrest. This is a clear case of gross ignorance of the procedural rule. Section 2, Rule 71 of the 1997 Rules of Civil Procedure is the governing authority on the matter. Its pertinent provision reads as follows, to wit:Accordingly, Court Administrator Velasco recommended that respondent judge be fined in the amount of P10,000.00 for gross ignorance of the law and procedure and that he be sternly warned that repetition of the same or similar act shall be dealt with more severely.[4]SECTION 1. Direct contempt punished summarily.Clearly, the rule allows the person subject of a direct contempt judgment to file a bond to be fixed by the court as a remedy for the imposition of the judgment. In making it appear that complainant is not entitled to post a bond, respondent has gone beyond his authority as provided under the above-cited procedural rule. What is involved here is a fundamental procedural rule and well-known judicial norm. If the law is so elementary, not to know it or to act if one does not know it, constitutes gross ignorance of the law. (Luz vs. Yanesa, March 9, 1999).[3]x x x
SECTION 2. Remedy therefrom – The person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of judgment shall be suspended pending resolution of such petition, provided such person files a bond fixed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him.
An incident of this case that was raised but is outside our jurisdiction to consider under the present petition, is the illegal confinement of the petitioner [referring to herein complainant]. He was confined for fourteen (14) days, or four (4) days in excess of what the Rules of Court allow. Similarly, counsel for petitioner was fined P3,000, or P1,000 in excess of what the Rules allow. The appropriate redress lies outside the present petition and is for the petitioner and his counsel to avail of under other existing laws and provisions of the Rules, and may take the form, among others, of an administrative complaint directly filed with the Honorable Supreme Court.[7]Hence, it is wrong for respondent to claim that the CA, in its Decision in CA-G.R. SP No. 78506, has already resolved the issue of the legality of complainant's arrest and detention based on the order issued by the respondent on August 5, 2003.
Section 1. Direct contempt, punished summarily. – A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten (10) days, or both, if it be a Regional Trial Court or a court of equivalent or higher rank, or by a fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day, or both, if it be a lower court.In the instant case, the order of respondent judge directing the arrest of complainant did not specify the period within which the latter should be imprisoned. Worse, it is not disputed that complainant was detained for 14 days, 4 days beyond what the above-cited Rule allows. Were it not for the writ of habeas corpus issued by the Court of Appeals, complainant would not have been released from detention.
Not every error bespeaks ignorance of the law, for if committed in good faith, it does not warrant administrative sanctions. To hold otherwise would be nothing short of harassment and would make his position doubly unbearable, for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible in judgment.In the present case, respondent's patent and gross violations of the provisions of Rule 71 of the Rules of Court, particularly Sections 1 and 2 thereof, cannot be denied nor justified. Respondent judge is guilty of gross ignorance of the law and procedure.
Good faith, however, in situations of fallible discretion inheres only within the parameters of tolerable judgment and does not apply where the issues are so simple and the applicable legal principles evident and basic as to be beyond possible margins of error.
Thus, where the law violated is so elementary, like Rule 71 which provides the scope of a judge's authority to punish for contempt and the procedure to be followed, for a judge not to know it or to act as if he does not know it constitutes gross ignorance.
The judge should be studiously careful himself to avoid even the slightest infraction of the law, lest it be a demoralizing example to others.Canon 31 of the same Canons also provides:
A judge's conduct should be above reproach and in the discharge of his judicial duties he should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of public clamour, and regardless of private influence should administer justice according to law and should deal with the patronage of the position as a public trust; and he should not allow outside matters or his private interests to interfere with the prompt and proper performance of his office. (emphasis ours)In exhibiting gross ignorance of the law and procedure, respondent likewise violated the Canons of Judicial Ethics.
However, in two consolidated cases docketed as Administrative Matter Nos. 04-7-373-RTC[10] and 04-7-374-RTC,[11] we found herein respondent judge guilty of gross misconduct, gross ignorance of the law and incompetence. We dismissed him from the service with forfeiture of all retirement benefits and privileges, and with prejudice to being reinstated in any branch of government service, including government-owned and controlled agencies and corporations.[12]
- Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations; Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;
- Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or
- A fine of more than P20,000.00 but not exceeding P40,000.00.
Section 37. Payment of terminal leave.- Any official/employee of the government who retires, voluntarily resigns, or is separated from the service and who is not otherwise covered by special law, shall be entitled to the commutation of his leave credits exclusive of Saturdays, Sundays and Holidays without limitation and regardless of the period when the credits were earned.Hence, the penalty of fine imposed on respondent shall be deducted from his accrued leave credits.
Section 65. Effect of decision in administrative case. – An official or employee who has been penalized with dismissal from the service is likewise not barred from entitlement to his terminal leave benefits.[17]