878 Phil. 47
PER CURIAM:
I. Criminal Case No. 6998, People vs. Khris [sic] Directo, for Violation of Article II, Section 5, R.A. 9165
On May 15, 2013, accused filed an Urgent Motion for Bail. Pre-trial conference was set on May 23, 2013, on motion of the public prosecutor and the defense counsel. On June 28, 2013, the pre-trial conference was terminated and a Pre-Trial Order was issued on the same date. On September 18, 2013, the prosecution presented the testimonies of SPO2 Diosdado Pascual and PSI James Bad-e. x x x The court issued a Resolution on December 23, 2013, allowing the accused to post bail in the amount of Two Hundred Thousand (P200,000.00). The accused, on the same day, filed a Motion for Reduction of Bail which was granted and the bail was reduced to P100,000.00.
II. People vs. Freddie Aquino y Bayaua, Criminal Case No. 7091, for Violation of Article II, Section 5, R.A. 9165
After the termination of the pre-trial conference, accused on February 18, 2014, filed a Petition for Bail, x x x [After presentation of some of the prosecution witnesses], the court granted the motion to post bail in Criminal Case No. 7091 on December 12, 2014. x x x [The accused' motion to reduce bail] was granted on January 28, 2015. On January 29, 2015, accused filed a Supplemental Motion for Reduction of Bail praying that the total reduced bail be further reduced to P170,000.00. The public prosecutor wrote a marginal note submitting the motion to the sound discretion of the court. Thus, on February 3, 2015, the court granted the motion and the bail was accordingly reduced to P 170,000.00.
III. People vs. Edgar Allan Cadaiio and Johfen [sic] Garingan y Sandoval, Criminal Case No. 7826, for Violation of Section 5 of R.A. No. 9165
The case involves a child in conflict with the law (CICL). Accused Johnfel [sic] Garingan was 17 years old and 6 months old when he was arrested, x x x The case was originally raffled to Branch 29, a Family Court, but the presiding judge inhibited, x x x Records reveal that there is a pending Motion for Reconsideration filed by counsel to allow him to post bail which the court granted on February 6, 2015.x x x x
Going now to the crux of the controversy, we find Judge Flor liable for gross ignorance of the law for his failure to conduct hearings on the Motion to Reduce Bail in Criminal Case Nos. 6998 and 7091 and on the Motion for Reconsideration of the Order denying bail in Criminal Case No. 7826.x x x x
In both cases [Criminal Case Nos. 6998 and 7091] Judge Flor complied with the requirement of hearing under Section 7, Rule 114 of the Rules of Court. However, when both accused moved for the reduction of the bail, he granted the motions filed by the accused without conducting a hearing or requiring the public prosecutor to comment on the motion in Criminal Case No. 6998.x x x x
Judge Flor in haste granted the motion for reduction of bail in Criminal Case No. 6998 without giving the prosecution the chance to be heard. In Criminal Case No. 7091, although the public prosecutor had a marginal note on the motion submitting the motion to the sound discretion of the court, Judge Flor should have conducted a hearing to ascertain if the public prosecutor was not contesting the reduced amount of bail x x x.
It is also noted that a cursory reading of the resolutions issued in Criminal Case Nos. 6964, 7060, 7348[-49], 7409 and 7091 shows that Judge Flor failed to make a brief summary of evidence adduced by the prosecution, which is necessary to determine whether he has adequate basis for granting bail. This was admitted by Judge Flor in his Comment.x x x x
Also, the procedural necessity of a hearing relative to the grant of bail cannot be dispensed with especially in this case where the accused is charged with a capital offense. Utmost diligence is required of trial judges in granting bail especially in cases where bail is not a matter of right. Certain procedure must be followed in order that the accused would be present during trial. As a responsible judge. Judge Flor must not be swayed by the mere representations of the parties; instead he should look into the real and hard facts of the case.x x x x
x x x It is respectfully recommended for the consideration of the Honorable Court that:x x x x
(3) respondent Judge Flor be found GUILTY of GROSS IGNORANCE OF THE LAW and, accordingly, be FINED in the amount of Fifty Thousand Pesos (P50,000.00) to be paid to the Court within thirty (30) days from notice.[14] (Emphases supplied; citations omitted.)
Admittedly, Judge Flor, Jr. granted bail in Criminal Case No. 7826 without a hearing because the accused is a minor and a mental retardate. However, the 2009 Revised Rules on Children in Conflict with the Law is explicit that a child charged with a capital offense shall not be entitled to bail when evidence of guilt is strong.[28] As discussed, the determination of the requisite evidence is a matter of judicial discretion.[29] Consequently, absent a prior hearing, the order granting bail can hardly be a product of Judge Flor, Jr.'s sound discretion.[30] Also, Judge Flor, Jr. exhibited cavalier indifference to the rules when he allowed in Criminal Case No. 7091 the motion to reduce bail without a hearing. This is contrary to the clear mandate of the Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial that a motion to reduce bail shall enjoy priority in the hearing of cases.[31]
1. In all cases, whether bail is a matter of right or of discretion, notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation;[24]2. Where bail is a matter of discretion, conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound discretion;[25]3. Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution;4. If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond x x x;[26] otherwise petition should be denied.[27]
x x x [T]he court's order granting or refusing bail must contain a summary of the evidence for the prosecution followed by its conclusion whether or not the evidence of guilt is strong. The summary of evidence for the prosecution which contains the judge's evaluation of the evidence may be considered as an aspect of judicial due process for both the prosecution and the defense.[34]Taken together, Judge Flor, Jr. committed gross ignorance of the law and procedure in granting bail applications without a prior hearing and in not stating the factual and legal reasons in his Orders or Resolutions. This administrative offense is classified as a serious charge[35] and is punishable by any of the following penalties: (1) fine of more than P20,000.00 but not exceeding P40,000.00; (2) suspension from office for more than three but not exceeding six months, without salary and other benefits; (3) or dismissal from service, with forfeiture of all benefits except accrued leave credits.[36]
To be able to render substantial justice and maintain public confidence in the legal system, judges should be embodiments of competence, integrity and independence. Hence, they are expected to exhibit more than just a cursory acquaintance with statutes and procedural rules and to apply them properly in all good faith. They are likewise expected to demonstrate mastery of the principles of law, keep abreast of prevailing jurisprudence, and discharge their duties in accordance therewith.FOR THESE REASONS, the Court finds Judge Fernando F. Flor, Jr. GUILTY of Gross Ignorance of the Law and ORDERS his DISMISSAL from the service with FORFEITURE of retirement benefits, except leave credits, and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned and controlled corporations.
Further, judges should administer their office with due regard to the integrity of the system of law itself, remembering that they are not depositories of arbitrary power, but are judges under the sanction of law. It must be emphasized that this Court has formulated and promulgated rules of procedure to ensure the speedy and efficient administration of justice. Wanton failure to abide by these rules undermines the wisdom behind them and diminishes respect for the rule of law.[40] (Emphases supplied).