578 Phil. 185
PER CURIAM:
SEC. 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.In Cruz v. Judge Yaneza,[10] the Court held that:
There are prerequisites to be complied with. First, the application for bail must be filed in the court where the case is pending. In the absence or unavailability of the judge thereof, the application for bail must be filed with another branch of the same court within the province or city. Second, if the accused is arrested in a province, city or municipality other than where the case is pending, bail may be filed with any regional trial court of the place. (Emphasis ours)The criminal case Barbero filed against Medina was pending before the RTC of Santiago City. Judge Anghad of the RTC issued the warrant of arrest, and Medina was arrested by virtue of that warrant.
[N]apag-alaman kox x x na [si Medina] ay basta na lang pinakawalan ni x x x Judge Cesar M. Dumlao ng Municipal Trial Court ng San Mateo, Isabela x x x;The Court directed Judge Dumlao several times to comment on Barbero's allegations. Judge Dumlao opted to ignore all of the Court's directives. By his silence, Judge Dumlao admitted the truth of the allegations. In Palon, Jr. v. Vallarta,[12] the Court held that silence is admission of the truth of the charges:
[A]ng ginawa ni Judge Cesar M. Dumlao ay hindi naaayon sa batas sapagkat wala siyang kapangyarihang pakawalan x x x [si Medina];
[N]apag-alaman ko rin na ang pagrerelease na ginawa ni Judge Dumlao ay base sa [bail] na ipinakita sa kanya;
[S]a akin pong pagkakaalam, lahat po ng [bail] sa criminal cases ay dapat aksyunan at aprubahan ng hukom o judge na siyang may hawak ng asunto;
x x x x
[K]ung maaari po sana, dahil sa kawalang respeto [ni Judge] Cesar M. Dumlao sa ating batas x x x, ipinakikiusap [ ko] na sana ay imbestigahan ang nasabing pagmamalabis at kawalan ng respeto[.]
Respondent judge failed to comment on the complaint or file any responsive pleading or manifestation despite receipt of notice to do so. x x x The natural instinct of man impels him to resist an unfounded claim or imputation and defend himself. It is against human nature to just remain reticent and say nothing in the face of false accusations. Hence, silence x x x is an admission of the truth of the charges. Respondent judge is deemed to have admitted the charges against him. (Emphasis ours)This is the second time Judge Dumlao unlawfully approved the bail and ordered the release of Medina. The instant case has exactly the same set of facts as Lim v. Dumlao.[13] In that case (1) complainant filed two criminal cases for carnapping and theft against Medina; (2) the criminal cases were filed with the RTC, Judicial Region II, Branch 35, Santiago City, Isabela; (3) Judge Fe Albano Madrid of the RTC issued a warrant of arrest against Medina; (4) Medina was arrested by virtue of the warrant of arrest; (5) Judge Dumlao approved the bail of Medina; and (6) Judge Dumlao ordered the release of Medina.
It is not disputed that the criminal cases filed by complainant against Herman Medina were pending before the Regional Trial Court of Santiago City, Isabela, Branch 35. In fact, the warrant of arrest was issued by Judge Fe Albano Madrid, presiding judge of the said court. The order of release therefore, on account of the posting of the bail, should have been issued by that court, or in the absence or unavailability of Judge Madrid, by another branch of an RTC in Santiago City. In this case, however, there is no proof that Judge Madrid was absent or unavailable at the time of the posting of the bail bond. In fact, complainant Lim avers that on the day [Judge Dumlao] ordered the release of Medina, Judge Madrid and all the judges of the RTC of Santiago City, Isabela were at their respective posts.The acts of approving bail and ordering the release of accused whose cases are pending before other courts constitute gross ignorance of the law.[15] Gross ignorance of the law is a serious offense[16] punishable by (1) dismissal from the service, forfeiture of all or part of the benefits, except accrued leave credits, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations; (2) suspension from office without salary and other benefits for more than three but not exceeding six months; or (3) a fine of more than P20,000 but not exceeding P40,000.[17]
It is elementary that a municipal trial court judge has no authority to grant bail to an accused arrested outside of his territorial jurisdiction. The requirements of Section 17(a), Rule 114 x x x must be complied with before a judge may grant bail. The Court recognizes that not every judicial error bespeaks ignorance of the law and that, if committed in good faith, does not warrant administrative sanction, but only in cases within the parameters of tolerable misjudgment. Where x x x the law is straightforward and the facts so evident, not to know it or to act as if one does not know it constitutes gross ignorance of the law.
[Judge Dumlao] undeniably erred in approving the bail and issuing the order of release. He is expected to know that certain requirements ought to be complied with before he can approve Medina's bail and issue an order for his release. The law involved is rudimentary that it leaves little room for error. (Emphasis ours)
It appears that Judge Dumlao ignored and continued to ignore this Court's directive requiring him to file his comment on complainant Sinaon, Jr.'s administrative complaint. He had been afforded more than ample time within which to file the required pleading. x x x [S]everal Resolutions had been issued by the OCA and this Court requiring Judge Dumlao to comment on the complaint against him. The first Resolution was issued as early as 2 August 2002 and the last was issued almost three years later, or 5 July 2005, by which time, the Court already deemed waived Judge Dumlao's right to file his comment and considered the case submitted for decision based on the pleadings filed. Subsequently, Judge Dumlao again failed to comply with the order of this Court to file his manifestation in the re-docketed administrative complaint (concerning his non-filing of the comment) despite due notice.In Lim,[22] the Court also found Judge Dumlao liable for ignoring its directives. In that case, the Court held that, "We agree with the OCA that [Judge Dumlao] must be held administratively liable for his unjustified failure to comment on an administrative complaint. This constitutes gross misconduct and insubordination."
Judge Dumlao had been given more than ample time to abide with the orders of this Court, yet he persistently failed to do so. Judge Dumlao neither offered any reason nor raised any defense for his failure to comply with the mandates of this Court. Nothing was heard from Judge Dumlao as to what had prevented him from complying with the Court's directives. Such insolence should not go unpunished. (Emphasis ours)
[Judge Dumlao's] claim that he did not know how he inadvertently signed the notarized revocation of power of attorney in this case betrays a deficiency of that degree of circumspection demanded of all those who don the judicial robe. It is, in fact, an open admission of his negligence and lack of care in attending to the incidents brought before him for adjudication. This kind of judicial carelessness runs contrary to Canon 3 of the Code of Judicial Conduct, which states that:Judge Dumlao has amply demonstrated his incorrigibility and unfitness to be a judge. He is undeterred by the several penalties and stern warnings the Court has given him. The Court will not hesitate to impose the ultimate penalty for it cannot tolerate any conduct that diminishes the faith of the people in the judicial system.[26]
A judge should perform official duties honestly, and with impartiality and diligence. [(Emphasis ours)]
While we do not expect judges to have an encyclopedic recollection of applicable laws, jurisprudence or administrative circulars we issue periodically in the discharge of their responsibilities, they nevertheless have the bounden duty to keep abreast with the law and the changes therein as well as the decisions of this Court. As a trial judge, [Judge Dumlao] is the visible representation of law and justice. Under Canon 1.01 of the Code of Judicial Conduct he is expected to be "the embodiment of competence, integrity and independence" to maintain public confidence in the legal system.
Inefficient judges are equally impermissible in the judiciary as the incompetent and dishonest ones. Any of them tarnishes the image of the judiciary and brings it to public contempt, dishonor or disrespect and must then be administratively dealt with and punished accordingly.