Salcedo Vs Bolojos
Salcedo Vs Bolojos
09-3083-RTJ) : July 5,
2010
RUBEN N. SALCEDO, Complainant, vs. JUDGE GIL G. BOLLOZOS,
Respondent.
RESOLUTI ON
BRION, J.:
We pass upon the verified Letter-Complaint, dated August 29, 2008, filed by
Ruben N. Salcedo (complainant ), charging Judge Gil G. Bollozos (respondent
judge ), Presiding Judge, Regional Trial Court, Branch 21, Cagayan de Oro City,
with Grave Misconduct and Ignorance of the Law in the handling of SPEC.
PROC. No. 2008-009, entitled " Jose Tanmalack, Jr., represented by Jocelyn
Tanmalack Tan v. Police Officers of Police Precinct No. 3, Agora, Lapasan,
Cagayan De Oro City, and Insp. Wylen Rojo .cralaw"
THE FACTUAL BACKGROUND
The complaint arose from a verified handwritten petition for the Writ of Habeas
Corpus and the Writ of Amparo (the petition ) filed by Jose Tanmalack, Jr. against
the Police Officers of Police Precinct No. 3, Agora, Lapasan, Cagayan de Oro
City, and Inspector Wylen Rojo. The complainant alleged that he is a co-owner of
a parcel of land (disputed property ) covered by Original Certificate of Title No.
O-740 and registered in the name of Patricio Salcedo. The disputed property is
about 126,112 square meters wide and is situated in Lapasan, Cagayan de Oro
City.
On January 23, 2008 at around 2:30 p.m., while the complainant (together with his
niece Rebecca R. Lumbay and his nephew Alan Jose P. Roa) was supervising an
on-going construction over the disputed property, Tanmalack and heavily armed
men arrived and forced themselves inside the fenced premises of the disputed
property. The complainant averred that Tanmalack and his companions harassed
and threatened to kill and to harm him and his workers; that Tanmalack uttered
defamatory statements and accused him of land-grabbing; and that Tanmalack and
his companions occupied the property and destroyed building materials such as
G.I. sheets, lumber and other construction materials.
The complainant forthwith reported the incident to the nearby police station. The
police promptly responded and arrested Tanmalack and brought him in for
questioning. That same afternoon at around 4:45 p.m., Tanmalack, represented by
his sister, Jocelyn Tanmalack Tan, filed the petition 1cralaw on his behalf while
9. That they said that they are of the honest belief that I was no longer around; that
the lawyer was insisting to refer the case immediately to a judge since it is already
5:00 P.M. and considering the novelty, urgency and importance of the case, and
fearing that no judge will be left to act on the petition if they still discuss what to
do, Mr. Exclamador, with the concurrence of Admin. Officer Lagamon, referred
the case to you since your sala was the nearest to our office, it being adjacent to
your court;
10. That there is nobody from this Office who brought the handwritten petition to
Judge Lucagbo nor was there any instruction from her to any of the personnel to
have the petition conform to a form acceptable to the court, such fact was
confirmed by Judge Lucagbo;
11. That the office only acted what it deemed best under the circumstances and
was not motivated by any ill motive or malice.2
Based on the petition and answers to the clarificatory questions propounded to
Tanmalack's representative and counsel, the respondent judge immediately issued
a Writ of Amparo dated January 23, 2008,directing "the police officers of Agora
Police Station 3 or Insp. Wylen Rojo x x x to release immediately upon receipt of
[the] writ but not later than 6:00 P.M. today, petitioner Jose Tanmalack, Jr., to the
custody of Atty. Francis V. Ku." The respondent judge also directed the police
officers to file their verified return to the petition within five (5) working days,
together with supporting affidavits, in conformity with Section 9 of the Rule on
the Writ of Amparo.
Around 5:30 p.m., the Writ of Amparo was served upon SPO3 Aener O. Adajar,
PNP Chief Investigator. At six o'clock in the evening of that same day, the police
released Tanmalack to the custody of Atty. Francis Ku.
In his complaint, the complainant questions the issuance of the Writ of Amparo
which he claims had been unusually issued with haste. The complainant claims
that the handwritten petition did not give any ground to warrant the issuance of the
Writ of Amparo ; that the respondent judge acted with grave abuse of discretion,
bias, and obvious partiality, and in grave disregard of the Rules and the rule of law
when he acted upon and granted the letter-petition for the issuance of the Writ of
Amparo . The complainant also alleges that the respondent judge "accommodated"
the issuance of the Writ of Amparo because he and Atty. Francis Ku (Tanmalack's
counsel) are members of the Masonic fraternity.
The respondent judge filed his Comment dated March 30, 2009, in compliance
with the directive of the Office of the Court Administrator (OCA). In his defense,
he alleged:chan robles virtual law library
(a) [W]hen he received the petition from the Office of the Clerk of Court, he had
no option but to exercise his judicial duty without any bias or partiality, nor did he
consider that the petitioner's counsel is a fraternal brother (Mason);
(b) [A]lthough the petition is for the issuance of both writ of amparo and writ of
habeas corpus, he deemed it more in consonance with the [Rule on the Writ of
Amparo];
(c) [I]t was not improper even if the x x x petition was not raffled, and was
immediately assigned to his sala by the Office of the Clerk of Court, since Par. 2,
Sec. 3 of A.M. No. 07-9-12-SC states that any judge of a Regional Trial Court
(RTC) can issue a writ and the said Sec. 3 further states that it can be filed on any
day and at any time;
(d) [T]he person who filed the petition is the sister of Mr. Tanmalack who was
detained at the Agora Police Station, Cagayan de Oro City; that the issuance of the
writ was a matter of great urgency because the alleged illegal deprivation of liberty
was made in the late afternoon of January 23, 2008, which was a Friday, and that if
the Court would not act on the petition, the detainee would certainly spend the
night in jail;
(e) [T]he petition, although in handwritten form, is not improper because Section 5
of the SC Circular (on the Writ of Amparo) only requires that the same be signed
and verified; that he found the petition sufficient in form and in substance;
(f) [A]lthough the Amparo rules mandate that a judge shall immediately order the
issuance of the writ if on its face it ought to issue, he propounded clarificatory
questions on the petitioner's representative and their counsel, thus, the following
information were elicited:chanrobles virtualaw library
1) That the property of petitioner's family, which is under their possession and
Tanmalack registered under TCT No. T-1627491, was intruded by some persons
who wanted to fence the area and put up improvements by constructing "shanties"
thereon;
2) That when petitioner Mr. Tanmalack prevented the intrusion it resulted to
heated arguments and altercations which prompted him to go to the police station
to report the incident and be blottered;
3) That when Mr. Tanmalack arrived at the police station in the late afternoon of
January 23, 2008 in order to air his complaint, the intruders came and introduced
themselves as the owners of the property;
4) That when Police Officer Rojo (Rojo) heard the version of these intruders and
despite the protestations of petitioner and his relatives, the police did not anymore
allow Mr. Tanmalack to leave the police station; and,
5) That petitioner's counsel called up Rojo to secure the immediate release of his
client from police custody but to no avail;
(g) [A]fter he assiduously evaluated the aforestated facts, as well as the allegations
in the petition, respondent Judge, in the exercise of his judicial function, found that
the same warranted the issuance of the writ; the arrest of Mr. Tanmalack was
unlawful because Rojo was not present in the area where the alleged incident
happened, so that the statements of the complainants (Salcedo, Lumbay and Roa)
would be hearsay;
(h) [I]n the Writ of Amparo the respondents were directed to file a verified return
pursuant to the rules; during the summary hearing of the petition on 25 January
2008, it was only Rojo who appeared, the alleged complainants (Salcedo, Lumbay
and Roa) who caused the detention of the petitioner were absent; P/Insp. Rojo,
when asked by the Court, gave the following answers:chanrobles virtualaw library
1) That he would no longer file his Answer (which should be a verified return) on
the complaint considering that the petitioner was already released;
2) That he confirmed that it was the petitioner who came first to the police station
to complain, followed by the person who wanted to fence the property; the conflict
between the petitioner and the other persons is on a property dispute, of which it
was petitioner who is in possession; and
3) That he denied that he had arrested the petitioner and neither did he detain him
but only he could not release the petitioner because of the complaint and for
further evaluation.
(i) [H]e noted that the police blotter did not state that petitioner brought heavily
armed men with him when he allegedly harassed the complainant.
[(j) That in the summary hearing on January 25, 2008, the petitioner as well as the
respondent Rojo have arrived into an agreement that the writ be considered
permanent.]
THE REPORT OF THE OCA
The OCA informed the Court that the case was already ripe for resolution in a
Report dated April 8, 2010, signed by Court Administrator Jose Midas P. Marquez
and Deputy Court Administrator Raul Bautista Villanueva. The Report likewise
presented a brief factual background of the case.
The OCA recommended that the administrative complaint against the respondent
judge be dismissed for lack of merit. The recommendation was based on an
evaluation which reads:
EVALUATION: The complaint is bereft of merit.
The petition for a writ of amparo is a remedy available to any person whose right
to life, liberty and security is violated or threatened with violation by an unlawful
act or omission of a public official or employee, as in the instant case, or of a
private individual or entity. Whereas in other jurisdictions the writ covers only
actual violations, the Philippine version is more protective of the right to life,
liberty and security because it covers both actual and threatened violations of
such rights.
Nowhere in the records of the instant complaint that the issuance of the writ of
amparo was attended by irregularities. The detainee's sister who filed the petition
is allowed under Section 2(b) of the Rule on the Writ of Amparo (SC A.M. No. 079-12-SC). Also, the petition was properly filed with the Regional Trial Court
"where the act or omission was committed or where any of its elements occurred."
Respondent Judge, in whose sala the said petition was assigned is deemed to have
complied with his oath and judicial duty when he ordered the issuance of the writ
of amparo upon determination that the right to liberty of Mr. Tanmalack was being
violated or threatened to be violated. These is no showing that respondent Judge,
in granting the petition for a writ of amparo was motivated by bad faith, ignominy
or ill will, thus, herein complainant's allegation that respondent Judge's act was
tainted with grave abuse of discretion and authority, bias and partiality, and grave
disregard of the rules, deserves scant consideration.
This Office agrees with respondent Judge's observation that "Rojo's declaration
not anymore to contest the petition and that he (Rojo) did not arrest nor detain
petitioner, but admitted that he could not release the latter for further evaluation
because of the complaint is an admission that he deprived [or threatened to
deprive] Jose [Dy Tanmalack] of his liberty."
OUR RULING
We concur with the OCA's recommendation that the administrative
complaint against the respondent judge be dismissed for lack of merit.
At the outset, we agree with the complainant that the respondent judge erred in
issuing the Writ of Amparo in Tanmalack's favor. Had he read Section 1 of the
Rule on the Writ of Amparo more closely, the respondent judge would have
realized that the writ, in its present form, only applies to "extralegal killings and
enforced disappearances or threats thereof." 3cralaw The present case involves
concerns that are purely property and commercial in nature - concerns that we
have previously ruled are not covered by the Writ of Amparo .4cralaw In Tapuz v.
Del Rosario,5cralaw we held:chan robles virtual law library
To start off with the basics, the writ of amparo was originally conceived as a
response to the extraordinary rise in the number of killings and enforced
disappearances, and to the perceived lack of available and effective remedies to
address these extraordinary concerns. It is intended to address violations of or
threats to the rights to life, liberty or security, as an extraordinary and independent
remedy beyond those available under the prevailing Rules, or as a remedy
supplemental to these Rules. What it is not, is a writ to protect concerns that
are purely property or commercial. Neither is it a writ that we shall issue on
amorphous and uncertain grounds. Consequently, the Rule on the Writ of
Amparo - in line with the extraordinary character of the writ and the
reasonable certainty that its issuance demands - requires that every petition
for the issuance of the writ must be supported by justifying allegations of fact,
to wit:
"(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent responsible for the
threat, act or omission, or, if the name is unknown or uncertain, the respondent
may be described by an assumed appellation;
(c) The right to life, liberty and security of the aggrieved party violated or
threatened with violation by an unlawful act or omission of the respondent, and
how such threat or violation is committed with the attendant circumstances
detailed in supporting affidavits ;
(d) The investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or individuals, as
well as the manner and conduct of the investigation, together with any report ;
(e) The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person responsible for
the threat, act or omission ; and
(f) The relief prayed for.
The petition may include a general prayer for other just and equitable reliefs."
The writ shall issue if the Court is preliminarily satisfied with the prima facie
existence of the ultimate facts determinable from the supporting affidavits that
detail the circumstances of how and to what extent a threat to or violation of the
rights to life, liberty and security of the aggrieved party was or is being committed.
In the present case, the Writ of Amparo ought not to have been issued by the
respondent judge since Tanmalack's petition is fatally defective in substance and
content, as it does not allege that he is a victim of "extralegal killings and enforced
disappearances or the threats thereof." The petition merely states that he is "under
threat of deprivation of liberty with the police stating that he is not arrested but
merely 'in custody.'"6
Whether the respondent judge could be held administratively liable for the error he
committed in the present case, is, however, a question we must answer in the
negative.
Plainly, the errors attributed to respondent judge pertain to the exercise of his
adjudicative functions. As a matter of policy, in the absence of fraud, dishonesty,
and corruption, the acts of a judge in his official capacity are not subject to
disciplinary action. He cannot be subjected to liability - civil, criminal, or
administrative - for any of his official acts, no matter how erroneous, as long as he
acts in good faith. Only judicial errors tainted with fraud, dishonesty, gross
ignorance, bad faith, or deliberate intent to do an injustice will be
administratively sanctioned. Settled is the rule that errors committed by a judge in
the exercise of his adjudicative functions cannot be corrected through
administrative proceedings, but should instead be assailed through judicial
remedies.7
In the present case, the propriety of the issuance of the Writ of Amparo cannot be
raised as an issue in the present administrative case. The proper recourse for the
complainant should have been to file an appeal, from the final judgment or order
of the respondent judge, to this Court under Rule 45 of the Rules of Court,
pursuant to Section 19 of the Rule on the Writ of Amparo. In Bello III v.
Diaz,8cralaw we reiterated that disciplinary proceedings against judges do not
complement, supplement, or substitute judicial remedies, whether ordinary or
extraordinary; an inquiry into their administrative liability arising from judicial
acts may be made only after other available remedies have been settled. We laid
down the rationale for the rule in Flores v. Abesamis,9cralaw viz :chan robles
virtual law library
As everyone knows, the law provides ample judicial remedies against errors or
irregularities being committed by a Trial Court in the exercise of its jurisdiction.
The ordinary remedies against errors or irregularities which may be regarded as
normal in nature (i.e., error in appreciation or admission of evidence, or in
construction or application of procedural or substantive law or legal principle)
include a motion for reconsideration (or after rendition of a judgment or final
order, a motion for new trial), and appeal. The extraordinary remedies against error
or irregularities which may be deemed extraordinary in character (i.e., whimsical,
capricious, despotic exercise of power or neglect of duty, etc.) are, inter alia the
special civil actions of certiorari , prohibition or mandamus, or a motion for
inhibition, a petition for change of venue, as the case may be.
Now, the established doctrine and policy is that disciplinary proceedings and
criminal actions against Judges are not complementary or suppletory of, nor a
substitute for, these judicial remedies, whether ordinary or extraordinary. Resort to
and exhaustion of these judicial remedies, as well as the entry of judgment in the
corresponding action or proceeding, are pre-requisites for the taking of other
measures against the persons of the judges concerned, whether of civil,
administrative, or criminal nature. It is only after the available judicial remedies
have been exhausted and the appellate tribunals have spoken with finality, that the
door to an inquiry into his criminal, civil, or administrative liability may be said to
have opened, or closed.
Flores resorted to administrative prosecution (or institution of criminal actions) as
a substitute for or supplement to the specific modes of appeal or review provided
by law from court judgments or orders, on the theory that the Judges' orders had
caused him "undue injury." This is impermissible, as this Court has already more
than once ruled. Law and logic decree that "administrative or criminal
remedies are neither alternative nor cumulative to judicial review where such
review is available, and must wait on the result thereof." Indeed, since judges
must be free to judge, without pressure or influence from external forces or
factors, they should not be subject to intimidation, the fear of civil, criminal or
administrative sanctions for acts they may do and dispositions they may make in
the performance of their duties and functions; and it is sound rule, which must be
recognized independently of statute, that judges are not generally liable for acts
done within the scope of their jurisdiction and in good faith; and that
exceptionally, prosecution of the judge can be had only if "there be a final
declaration by a competent court in some appropriate proceeding of the
manifestly unjust character of the challenged judgment or order, and ** also
evidence of malice or bad faith, ignorance or inexcusable negligence, on the
part of the judge in rendering said judgment or order" or under the stringent
circumstances set out in Article 32 of the Civil Code .10cralaw
We note, too, that although the respondent judge erred in issuing the Writ of
Amparo, we find, as the OCA did, that there is no evidence on record that supports
the complainant's allegation that the issuance was tainted with manifest bias and
partiality, bad faith, or gross ignorance of the law. The fact that the respondent
judge and Atty. Francis Ku are members of the Masonic fraternity does not justify
or prove that the former acted with bias and partiality. Bias and partiality can never
be presumed and must be proved with clear and convincing evidence. While
palpable error may be inferred from respondent judge's issuance of the Writ of
Amparo, there is no evidence on record that would justify a finding of partiality or
bias. The complainant's allegation of partiality will not suffice in the absence of a
clear and convincing proof that will overcome the presumption that the respondent
judge dispensed justice according to law and evidence, without fear or favor.11
Likewise, bad faith or malice cannot be inferred simply because the judgment is
adverse to a party. To hold a judge administratively accountable simply because he
erred in his judgment has never been the intent of the law; reasonable competence
and good faith judgments, not complete infallibility, are what the law requires.
The more significant issue in this case is the complainant's charge of gross
ignorance of the law against the respondent judge.
A patent disregard of simple, elementary and well-known rules constitutes gross
ignorance of the law. Judges are expected to exhibit more than just cursory
acquaintance with laws and procedural rules. They must know the law and apply it
properly in good faith. They are likewise expected to keep abreast of prevailing
jurisprudence. For, a judge who is plainly ignorant of the law taints the noble
office and great privilege vested in him.12
We find that the respondent judge's error does not rise to the level of gross
ignorance of the law that is defined by jurisprudence. We take judicial notice of
the fact that at the time he issued the Writ of Amparo on January 23, 2008, the
Rule on the Writ of Amparo has been effective for barely three months (The
Rule on the Writ of Amparo became effective on October 24, 2007 ). At that time,
the respondent judge cannot be said to have been fully educated and informed on
the novel aspects of the Writ of Amparo. Simply stated, the Rule on the Writ of
Amparo at that time cannot be said to be a simple, elementary, and well-known
rule that its patent disregard would constitute gross ignorance of the law.
More importantly, for full liability to attach for ignorance of the law, the assailed
order, decision or actuation of the judge in the performance of official duties must
not only be found to be erroneous; it must be established that he was motivated by
bad faith, dishonesty, hatred or some other similar motive. 13cralaw In the present
case, the complainant failed to prove by substantial evidence that the respondent
judge was motivated by bad faith and bias or partiality in the issuance of the Writ
of Amparo.
We take this occasion, however, to remind the respondent judge that under Canon
1.01 of the Code of Judicial Conduct, a judge must be "the embodiment of
competence, integrity and independence." A judge is called upon to exhibit more
than just a cursory acquaintance with statutes and procedural rules; it is imperative
that he be conversant with basic legal principles and be aware of well-settled
authoritative doctrines. He owes to the public and to this Court the duty to be
proficient in the law. He is expected to keep abreast of laws and prevailing
jurisprudence. Judges must not only render just, correct, and impartial decisions,
resolutions, and orders, but must do so in a manner free of any suspicion as to their
fairness, impartiality, and integrity, for good judges are men who have mastery of
the principles of law and who discharge their duties in accordance with
law.14cralaw We mentioned all these to emphasize to the respondent judge the need
to be more judicious and circumspect in the issuance of extraordinary writs such
as the Writ of Amparo.
We also reiterate that in an administrative proceeding, the complainant has the
burden of proving the allegations in the complaint by substantial evidence. 15cralaw
We cannot give credence to charges based on mere suspicion or speculation.
Hence, when the complainant relies on mere conjectures and suppositions, and
fails to substantiate his claim, as in this case, the administrative complaint must be
dismissed for lack of merit.16
WHEREFORE, in view of the foregoing, the Court RESOLVES to DISMISS
the administrative complaint against Judge Gil G. Bollozos, Presiding Judge,
Regional Trial Court, Branch 21, Cagayan de Oro City,for lack of merit.
SO ORDERED.
ARTURO
Associate Justice
D.
BRION
WE CONCUR:
CONCHITA
Associate
Chairperson
LUCAS
Associate Justice
CARPIO
MORALES
Justice
P.
BERSAMIN
ROBERTO
Associate Justice
MARTIN
Associate Justice
A.
S.
ABAD
VILLARAMA,
JR.
cralaw Endnotes:
*Designated additional Member of the Third Division effective May 17,
2010, per Special Order No. 843 dated May 17, 2010 .
1
of
Hon.
Judge
Executive Judge
in his absence
Habeas
Corpus
Sir:
Jose Tan Malack Jr., is presently detained at the Agora police precinct No.
3, under the command of Insp. Wylen Rojo.
Jose was "held in custody" because he exercised self-help in preventing
squatters from putting up improvements inside their titled property in the
name of his sister. Property is titled under TCT No. T-162749.
1) The petitioner is Filipino and a resident of c/o Jocelyn TM Tan at Capitol
Subd., Osmea Ave., Cag. De Oro City.
2) The police officers under officer Rojo are the respondents, as well as the
alleged squatters.
The petitioner is under threat of deprivation of liberty with the police
stating that he is not arrested but merely "in custody."
Wherefore, the prayer is to ask the Court to issue a writ of Amparo or
habeas corpus to direct his immediate release.
Tan
Malack
Tan
(Sdg.)
Jocelyn
Sister
Tan
Malack
Tan
I Jocelyn TM Tan, hereby certify that the above statements are true and
correct of my own personal knowledge and based on true records.
I have also not commenced any similar action in any body and I endeavor
to inform the Court immediately w/in 5 days if I know of such an action
exists. That I have not forum-shopped.
JAN. 23, 2008. Cagayan de Oro City
(Sdg.)
ATTY. FRANCIS U. KU
Doc.
No.
Page
No.
Book
No.
Series of 2008
14
Notary
3
Until
December
54
IBP
Lifetime
PTR
No.
1653333;
Roll
No.
Cagayan de Oro City
31,
No.
3
Jan,
Public
2009
00548
2008
36666