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SupremeCourt
BaguioCity
THIRDDIVISION
A.M.No.RTJ092190
HADJASOHURAHDIPATUAN, (FormerlyOCAIPINo.082909RTJ)
Present:
Complainant,
CORONA,J.,Chairperson,
VELASCO,JR.,
NACHURA,
PERALTA,and
versus
MENDOZA,JJ.
Promulgated:
JUDGE
MAMINDIARA
P. April23,2010
MANGOTARA,
Respondent.
xx
DECISION
PERALTA,J.:
[1]
Before this Court is an AffidavitComplaint dated May 12, 2008, filed by
complainant Hadja Sohurah Dipatuan against respondent Judge Mamindiara P.
Mangotara, Presiding Judge, Regional Trial Court (Regional Trial Court) of IliganCity,
Branch1,forGrossIgnoranceoftheLawandGraveAbuseofAuthority.
Theantecedentfactsofthecase,asculledfromtherecords,areasfollows:
OnSeptember5,2001,acriminalcaseformurder,docketedasCriminalCaseNo.
362001 was filed against Ishak M. Abdul and Paisal Dipatuan, complainants husband,
before the Regional Trial Court of Marawi City, Branch 10, then presided by Judge
YusophPangadapun,forthekillingofEliasAliTaher.JudgePangadapundiedduringthe
pendency of the case. The case was transferred to different judges designated by the
Supreme Court to act as Presiding Judge of Branch 10, namely, Judge Amer Ibrahim,
Judge Rasad Balindog, Judge Macaundas Hadjirasul, Judge Moslemen Macarambon,
respondentJudgeMamindiaraMangotara,andJudgeLacsamanBusran.
BeforeJudgeMacaramboncouldrenderadecisiononthecase,hewasappointedas
COMELEC Commissioner. By virtue of Administrative Order No. 2012007
[2]
dated
November 16, 2007, the Supreme Court designated respondent Judge Mamindiara
Mangotara, Presiding Judge of the RTC of Iligan City, Branch 1, Lanao Del Norte, as
Acting Presiding Judge of the RTC of Marawi City, Branch 10. Later on, Mangotara
suffered a mild stroke hence, the Supreme Court, in a Resolution dated December 26,
2007,revokedtheearlierdesignationofJudgeMangotaraanddesignatedJudgeLacsaman
M.BusranasthenewActingPresidingJudgeofBranch10,byvirtueofAdministrative
OrderNo.2202007.
[3]
On December 28, 2007, Mangotara issued the disputed Decision in Criminal
CaseNo.362001andfoundbothaccusedAbdulandDipatuanguiltybeyondreasonable
doubtofthecrimeofmurderandsentencedthemtoimprisonmentofreclusionperpetua.
ThetrialcourtruledthattheprosecutionwasabletoestablishthatAbdulandcoaccused
DipatuanactedinconspiracyinshootingandkillingthevictimEliasAliTaher.Thecourt,
likewise,increasedtheaccusedsbailbondfromP75,000.00toP200,000.00.
On January 21, 2008, the accused filed a motion for reconsideration of the
Decision.InanOrderdatedFebruary1,2008, Mangotara denied the motion for lack of
[4]
In another Order of the same date, Mangotara applied the same increased bail
merit.
[5]
MangotaraissuedanotherOrderrecallingtheforegoingOrders.
[6]
Thus, on May 14, 2008, complainant filed the instant complaint. Complainant
allegedthatJudgeMangotaradisplayedbiasandprejudiceagainstherhusbandDipatuan
whenhedidnotinhibithimselffromthecase,consideringthatheisarelativebyaffinity
and consanguinity of the victim Elias Ali Taher and that he also came from Maguing,
LanaoDelSurwhereTaheralsousedtoreside.Complainantalsopointedoutthatdespite
thedesignationofJudgeBusranasActingPresidingJudgeofBranch10onDecember26,
2007, Judge Mangotara, acting with grave abuse of authority, illegally and maliciously
rendered the December 28, 2007 Decision as well as the two Orders dated February 1,
2008.
OnMay26,2008,theOfficeoftheCourtAdministrator(OCA)directedMangotara
[7]
tofilehisCommentontheinstantcomplaint.
InhisComment
[8]
datedJune24,2008,Mangotaraaverredthathedecidedthecase
onDecember28,2007asithadbeenpendingforalmostseven(7)years.Heclarifiedthat
hisrelationshiptothevictimisdistantandnotabasisfordisqualificationofjudgesunder
Rule 137 of the Rules of Court. Mangotara explained that he received notice of Judge
BusransdesignationasthenewPresidingJudgeonlyonJanuary26,2008andthatwhen
he issued the two Orders dated February 1, 2008, Judge Busran had not yet assumed
officeandinthehonestbeliefthatAbdulwasalsoentitledtothebenefitsofthebailbond
fixedbythecourtforDipatuan.Mangotaraaddedthat,uponrealizingtheirregularityof
thetwoOrdersissuedonFebruary1,2008,heimmediatelyrectifiedthesameandrecalled
the Orders on the same day. Finally, Mangotara maintained that his decision was
supported by the evidence on record and that the instant administrative complaint was
onlymeanttoembarrasshimanddestroyhishonorandreputation.
[9]
dated May 18, 2009, the OCA found
Mangotara guilty of gross ignorance of the law and abuse of authority. The OCA,
likewise,recommendedthattheinstantcomplaintagainstMangotaraberedocketedasa
regularadministrativematter.
[10]
dated July 22, 2009, the Court resolved to redocket the
instant complaint as a regular administrative matter and refer the complaint to Court of
Appeals Associate Justice Portia AlioHormachuelos for investigation, report and
recommendation.
WeadopttherecommendationoftheInvestigatingJustice.
Onthechargeofbiasandpartiality
resultingtograveabuseofauthority
Sec.1.DisqualificationofJudges.Nojudgeorjudicialofficershallsitin
anycaseinwhichhe,orhiswifeorchild,ispecuniarilyinterestedasheir,legatee,
creditor or otherwise, or in which he is related to either party within the sixth
degree of consanguinity or affinity, or to counsel within the fourth degree,
computedaccordingtotherulesofthecivillaw,orinwhichhehasbeenexecutor,
administrator, guardian, trustee or counsel, or in which he has presided in any
inferior court when his ruling or decision is the subject of review, without the
written consent of all parties in interest, signed by them and entered upon the
record.
This being the case, the inhibition was indeed discretionary or voluntary as the
same was primarily a matter of conscience and sound discretion on the part of the
respondent Judge. When Mangotara chose not to inhibit and proceed with the
promulgation of the disputed decision, he cannot be faulted by doing so. Significantly,
complainant while asserting that Mangotara should have inhibited in the said case, she
nonethelessfailedtoinstituteanymotionforinhibition.
Moreover, complainant failed to cite any specific act that would indicate bias,
Tobedisqualifying,thebiasandprejudicemustbeshowntohavestemmedfrom
an extrajudicial source and result in an opinion on the merits on some basis other than
whatthejudgelearnedfromhisparticipationinthecase.Opinionsformedinthecourseof
judicial proceedings, although erroneous, as long as they are based on the evidence
presentedandconductobservedbythejudge,donotprovepersonalbiasorprejudiceon
thepartofthejudge.Asageneralrule,repeatedrulingsagainstalitigant,nomatterhow
erroneousandvigorouslyandconsistentlyexpressed,arenotabasisfordisqualificationof
ajudgeongroundsofbiasandprejudice.Extrinsicevidenceisrequiredtoestablishbias,
bad faith, malice or corrupt purpose, in addition to the palpable error which may be
inferredfromthedecisionororderitself.Althoughthedecisionmayseemsoerroneousas
toraisedoubtsconcerningajudge'sintegrity,absentextrinsicevidence,thedecisionitself
wouldbeinsufficienttoestablishacaseagainstthejudge.
[11]
ofmalice,corruptmotivesorimproperconsiderationsaresufficientdefensesinwhicha
judgecanfindrefuge.Inthiscase,complainantadducednoevidencethatMangotarawas
movedbybadfaithwhenheissuedthedisputedorder.
Astothechargeofgross
ignoranceofthelaw
Astothechargeofgrossignoranceofthelawinsofarashisactofincreasingthe
bailbondoftheaccusedinsteadofcancellingit,Mangotaradidnotdenyhisissuanceof
saidOrder.However,heclaimsthattheissuancethereofwasmerelyanerrorofjudgment.
Indeed, as a matter of public policy, not every error or mistake of a judge in the
performanceofhisofficialdutiesrendershimliable.Intheabsenceoffraud,dishonesty
or corruption, the acts of a judge in his official capacity do not always constitute
misconduct although the same acts may be erroneous. True, a judge may not be
disciplinedforerrorofjudgmentabsentproofthatsucherrorwasmadewithaconscious
anddeliberateintenttocauseaninjustice.Thisdoesnotmean,however,thatajudgeneed
not observe propriety, discreetness and due care in the performance of his official
functions.
Section 5, Rule 114 of the Revised Rules on Criminal Procedure is clear on the
issue.Itprovides:
SEC.5.Bail,whendiscretionary.UponconvictionbytheRegionalTrialCourtof
anoffensenotpunishablebydeath,reclusionperpetuaorlifeimprisonment,admissionto
bailisdiscretionary.Theapplicationforbailmaybefiledandacteduponbythetrialcourt
despitethefilingofanoticeofappeal,providedithasnottransmittedtheoriginalrecord
to the appellate court. However, if the decision of the trial court convicting the accused
changed the nature of the offense from nonbailable to bailable, the application for bail
canonlybefiledwithandresolvedbytheappellatecourt.
xxxxxxxxx
Theruleisveryexplicitastowhenadmissiontobailisdiscretionaryonthepartof
therespondentJudge.Itisimperativethatjudgesbeconversantwithbasiclegalprinciples
Clearly,intheinstantcase,theactofMangotarainincreasingthebailbondofthe
accused instead of cancelling it is not a mere deficiency in prudence, discretion and
judgment on the part of respondent Judge, but a patent disregard of wellknown rules.
When an error is so gross and patent, such error produces an inference of bad faith,
[14]
makingthejudgeliableforgrossignoranceofthelaw.
Itisapressingresponsibility
of judges to keep abreast with the law and changes therein, as well as with the latest
decisionsoftheSupremeCourt.Onecannotseekrefugeinamerecursoryacquaintance
withthestatuteandproceduralrules.Ignorance of the law, which everyone is bound to
know,excusesnoonenotevenjudges.IGNORANTIA JURIS QUOD QUISQUE SCIRE
[15]
TENETURNONEXCUSAT.
Wecometotheimposablepenalty.
UnderSection8,Rule140oftheRulesofCourt,asamendedbyA.M.No.01810
SC, gross ignorance of the law or procedure is classified as a serious charge. Under
Section11(A)ofthesameRule,asamended,iftherespondentisfoundguiltyofaserious
charge,anyofthefollowingsanctionsmaybeimposed:
1.Dismissalfromtheservice,forfeitureofallorpartofthebenefitsastheCourt
may determine, and disqualification from reinstatement or appointment to any public
office, including governmentowned or controlled corporations Provided, however, that
theforfeitureofbenefitsshallinnocaseincludeaccruedleavecredits
2.Suspensionfromofficewithoutsalaryandotherbenefitsformorethanthree(3)
butnotexceedingsix(6)monthsor
3.AfineofmorethanP20,000.00butnotexceedingP40,000.00.
SOORDERED.
DIOSDADOM.PERALTA
AssociateJustice
WECONCUR:
RENATOC.CORONA
AssociateJustice
Chairperson
PRESBITEROJ.VELASCO,JR.
AssociateJustice
ANTONIOEDUARDOB.NACHURA
AssociateJustice
JOSECATRALMENDOZA
AssociateJustice
[1]
Rollo,pp.15.
[2]
Id.at7.
[3]
Id.at819.
[4]
Id.at46.
[5]
Id.at47.
[6]
Id.at48.
[7]
Id.at49.
[8]
Id.at5053.
[9]
Id.at125130.
[10]
Id.at131132.
[11]
Webbv.People,July24,1997,G.R.No.127262,276SCRA243,253254.
[12]
Managuelodv.Paclibon,Jr.,A.M.No.RTJ021726,March29,2004,426SCRA377,381.
[13]
Reyesv.Paderanga,A.M.No.RTJ061973,March14,2008,548SCRA244,258259.
[14]
Id.at259.
[15]
Riverav.Mirasol,A.M.No.RTJ041885,July14,2004,434SCRA315,320.