SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
CASES REPORTED
SUPREME COURT REPORTS ANNOTATED
____________________
A.M. No. MTJ-17-1893. February 19, 2018.*
(formerly OCA I.P.I. No. 15-2773-MTJ)
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
TEODORA ALTOBANO-RUIZ, complainant, vs. HON.
RAMSEY DOMINGO G. PICHAY, Presiding Judge, Branch
78, Metropolitan Trial Court, Parañaque City, respondent.
Remedial Law; Criminal Procedure; Bail; Section 17(a) of Rule
114 of the Rules of Court, as amended by Administrative Circular
No. 12-94 governs the approval of bail bonds for criminal cases
pending outside the judgeÊs territorial jurisdiction.·Section 17(a) of
Rule 114 of the Rules of Court, as amended by Administrative
Circular No.
_______________
* SECOND DIVISION.
2 SUPREME COURT REPORTS ANNOTATED
Altobano-Ruiz vs. Pichay
12-94 which governs the approval of bail bonds for criminal
cases pending outside the judgeÊs territorial jurisdiction is
instructive, to wit: Section 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. x x x The foregoing provision
anticipates two (2) situations. First, the accused is arrested in the
same province, city or municipality where his case is pending.
Second, the accused is arrested in the province, city or municipality
other than where his case is pending. In the first situation, the
accused may file bail in the court where his case is pending or, in
the absence or unavailability of the judge thereof, with another
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
branch of the same court within the province or city. In the second
situation, the accused has two (2) options. First, he may file bail in
the court where his case is pending or, second, he may file bail with
any regional trial court in the province, city or municipality where
he was arrested. When no regional trial court judge is available, he
may file bail with any metropolitan trial judge, municipal trial
judge or municipal circuit trial judge therein.
Same; Same; Same; Gross Ignorance of the Law; In Judge
Español v. Judge Mupas, 442 SCRA 13 (2004), the Supreme Court
(SC) held that judges who approve applications for bail of accused
whose cases are pending in other courts are guilty of gross ignorance
of the law.·In Judge Español v. Judge Mupas, 442 SCRA 13 (2004),
the Court held that judges who approve applications for bail of
accused whose cases are pending in other courts are guilty of gross
ignorance of the law. In Lim v. Judge Dumlao, 454 SCRA 196
(2005), the Court held that: x x x 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, however, 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
VOL. 856, FEBRUARY 19, 2018 3
Altobano-Ruiz vs. Pichay
the law. Respondent judge 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 [the accuseds] bail and
issue an order for his release. The law involved is rudimentary
that it leaves little room for error.
Administrative Proceedings; Judges; Gross Ignorance of the
Law; Incompetence; Bail; Since Judge Pichay presides over
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
Metropolitan Trial Court (MeTC)-Br. 78 in Parañaque City, his
territorial jurisdiction is confined therein. Therefore, to approve bail
applications and issue corresponding release orders in a case
pending in courts outside his territorial jurisdiction, constitute
ignorance of the law so gross as to amount to incompetence.·It must
be emphasized that rules of procedure have been formulated and
promulgated by this Court to ensure the speedy and efficient
administration of justice. Failure to abide by these rules
undermines the wisdom behind them and diminishes respect for the
law. Judges should ensure strict compliance therewith at all times
in their respective jurisdictions. Judge Pichay cannot excuse
himself from the consequences of his action by invoking good faith.
As a judge, he must have the basic rules at the palm of his hands as
he is expected to maintain professional competence at all times.
Since Judge Pichay presides over MeTC-Br. 78 in Parañaque City,
his territorial jurisdiction is confined therein. Therefore, to approve
bail applications and issue corresponding release orders in a case
pending in courts outside his territorial jurisdiction, constitute
ignorance of the law so gross as to amount to incompetence.
Same; Same; Same; Section 8, Rule 140 of the Rules of Court, as
amended by A.M. No. 01-8-10-SC characterizes gross ignorance of
the law and procedure as a grave offense.·Section 8, Rule 140 of
the Rules of Court, as amended by A.M. No. 01-8-10-SC
characterizes gross ignorance of the law and procedure as a grave
offense. The penalties prescribed for such offense are: (1) Dismissal
from 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; (2)
Suspension from office without salary and other benefits for more
than three (3) months but not
4 SUPREME COURT REPORTS ANNOTATED
Altobano-Ruiz vs. Pichay
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
exceeding six (6) months; or (3) a fine of more than P20,000.00
but not exceeding P40,000.00.
ADMINISTRATIVE MATTER in the Supreme Court. Gross
Ignorance of the Law and Gross Misconduct.
The facts are stated in the opinion of the Court.
PERALTA, J.:
Before us is the Complaint1 dated June 22, 2015 of
complainant Teodora Altobano-Ruiz (Ruiz) against
respondent Judge Ramsey Domingo G. Pichay (Judge
Pichay), Presiding Judge, Metropolitan Trial Court (MeTC),
Branch 78, Parañaque City for gross ignorance of the law
and gross misconduct in connection with the latterÊs act of
granting bail in favor of Francis Eric Paran (Paran).
The factual antecedents of the case are as follows.
Complainant Ruiz and Paran are the accused in an
adultery case, docketed as Criminal Case No. 2562,2 which
is pending before the Municipal Trial Court in Cities
(MTCC), Trece Martires City, Cavite, presided by Judge
Gonzalo Q. Mapili, Jr. On March 19, 2014, accused Paran
was apprehended at his residence in Quezon City by police
authorities from Parañaque City by virtue of the Warrant
of Arrest3 dated March 12, 2014 issued by Judge Mapili. He
was detained for several days at the Parañaque City Police
Station.
On March 22, 2014, accused Paran filed an application
for bail before Branch 78, MeTC, Parañaque City, which
was promptly approved by respondent Judge Pichay after
the accused posted a cash bond of P12,000.00, to wit:
_______________
1 Rollo, pp. 1-8.
2 Id., at p. 234.
3 Id.
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
VOL. 856, FEBRUARY 19, 2018 5
Altobano-Ruiz vs. Pichay
WHEREFORE, the Police Authorities of Parañaque City
Police Station, Warrant and Subpoena Unit, Parañaque City
is hereby DIRECTED to RELEASE IMMEDIATELY
WITHOUT ANY FURTHER DELAY the accused FRANCIS
ERIC PARAN unless there are causes or cases warranting his
further detention.
The Branch Clerk of Court is hereby DIRECTED to
transmit the bond to the Court of origin.
SO ORDERED.4
On the other hand, Ruiz voluntarily surrendered before
Judge Mapili and was temporarily released on bail upon
posting a cash bond of P12,000.00.
Ruiz alleged that Judge Pichay had no authority to
approve ParanÊs application for bail since the latter already
had a pending criminal case for adultery in another court,
and he was actually arrested in Quezon City which was
outside Judge PichayÊs territorial jurisdiction.
On August 10, 2015, the Office of the Court
Administrator (OCA) directed Judge Pichay to submit his
comment on the complaint against him.5
In his Comment6 dated November 27, 2015, Judge
Pichay countered that his assailed Order dated March 22,
2014 was rendered in good faith and in strict adherence to
and faithful compliance with his duties mandated under
the Constitution and the Rules of Court. He insisted on his
courtÊs jurisdiction over accused ParanÊs application for bail
because the latter was detained at the Parañaque City
Police Station, as shown in the Certificate of Detention
issued by SPO4 Dondie Oliva Aquino. He further averred
that he acted on the bail application on the same date that
it was filed, which was a Saturday, in order to give effect to
the accusedÊs constitutional right to
_______________
4 Id., at p. 245.
5 Id., at p. 246.
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
6 Id., at pp. 251-254.
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Altobano-Ruiz vs. Pichay
bail. Finally, Judge Pichay asserted that his action was
neither tainted with malice nor did he receive financial
gain in resolving the application with dispatch.
On January 18, 2017, the OCA recommended that the
instant administrative complaint be re-docketed as a
regular administrative matter. It further found Judge
Pichay guilty of gross ignorance of the law and
recommended that he be meted the penalty of a fine in the
amount of P5,000.00 with stern warning.7
We adopt the findings of the OCA, except as to the
recommended penalty.
Section 17(a) of Rule 114 of the Rules of Court, as
amended by Administrative Circular No. 12-94 which
governs the approval of bail bonds for criminal cases
pending outside the judgeÊs territorial jurisdiction is
instructive, to wit:
Section 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.
xxx
The foregoing provision anticipates two (2) situations.
First, the accused is arrested in the same province, city or
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
municipality where his case is pending. Second, the
accused is arrested in the province, city or municipality
other than where his case is pending. In the first situation,
the accused
_______________
7 Id., at pp. 258-261.
VOL. 856, FEBRUARY 19, 2018 7
Altobano-Ruiz vs. Pichay
may file bail in the court where his case is pending or, in
the absence or unavailability of the judge thereof, with
another branch of the same court within the province or
city. In the second situation, the accused has two (2)
options. First, he may file bail in the court where his case is
pending or, second, he may file bail with any regional trial
court in the province, city or municipality where he was
arrested. When no regional trial court judge is available, he
may file bail with any metropolitan trial judge, municipal
trial judge or municipal circuit trial judge therein.8
However, in the instant case, the case where Judge
Pichay approved ParanÊs bail bond and issued release order
was not pending before his sala. As correctly pointed out by
the OCA, although accused Paran was detained at the
Station Detention Cell, Parañaque City Police Station, he
was nevertheless arrested at his residence in Quezon City.
Considering that Paran was arrested in Quezon City, he
could also file his bail application before any branch at the
Regional Trial Court of Quezon City, and in the absence of
any judge thereat, then before any branch of the
Metropolitan Trial Court of Quezon City. Paran could have
also filed his bail application before the MTCC, Trece
Martires City, where his case was pending.
Indeed, the only circumstance where Judge Pichay can
exercise authority to rule on ParanÊs bail application is if
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
the latter, who was detained in Parañaque City, was not yet
charged with a criminal offense in another court, pursuant
to Section 17(c),9 Rule 114 of the Rules of Criminal
Procedure.
_______________
8 Cruz v. Yaneza, 363 Phil. 629, 639; 304 SCRA 285, 293-294 (1999).
9 Section 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
8 SUPREME COURT REPORTS ANNOTATED
Altobano-Ruiz vs. Pichay
However, in the instant case, there was already a pending
criminal case against Paran before the MTCC, Trece
Martires, Cavite as shown in the Certificate of Detention10
attached in ParanÊs application of bail. In fact, ParanÊs
arrest was by virtue of a warrant of arrest issued by Judge
Mapili of the MTCC, Trece Martires City. More
importantly, Judge Pichay likewise failed to prove that
there was no available judge to act on ParanÊs application
of bail in the said respective courts. Clearly, Judge PichayÊs
approval of ParanÊs bail constituted an irregularity arising
from his lack of the authority to do so.
In Judge Español v. Judge Mupas,11 the Court held that
judges who approve applications for bail of accused whose
cases are pending in other courts are guilty of gross
ignorance of the law. In Lim v. Judge Dumlao,12 the Court
held that:
x x x The requirements of Section 17(a), Rule 114 x x x
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
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, however,
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.
_______________
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.
xxx
(c) Any person in custody who is not yet charged in court may
apply for bail with any court in the province, city, or municipality
where he is held.
10 Rollo, p. 243.
11 484 Phil. 636, 669; 442 SCRA 13, 50 (2004).
12 494 Phil. 197; 454 SCRA 196 (2005).
VOL. 856, FEBRUARY 19, 2018 9
Altobano-Ruiz vs. Pichay
Respondent judge 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 [the accuseds] bail and
issue an order for his release. The law involved is
rudimentary that it leaves little room for error. x x x13
It must be emphasized that rules of procedure have been
formulated and promulgated by this Court to ensure the
speedy and efficient administration of justice. Failure to
abide by these rules undermines the wisdom behind them
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
and diminishes respect for the law. Judges should ensure
strict compliance therewith at all times in their respective
jurisdictions.14 Judge Pichay cannot excuse himself from
the consequences of his action by invoking good faith. As a
judge, he must have the basic rules at the palm of his
hands as he is expected to maintain professional
competence at all times. Since Judge Pichay presides over
MeTC-Br. 78 in Parañaque City, his territorial jurisdiction
is confined therein. Therefore, to approve bail applications
and issue corresponding release orders in a case pending in
courts outside his territorial jurisdiction, constitute
ignorance of the law so gross as to amount to
incompetence.15
Time and again, the Court has adverted to the solemn
obligation of judges to be very zealous in the discharge of
their bounden duties. Nonetheless, the earnest efforts of
judges to promote a speedy administration of justice must
at all times be exercised with due recognition of the
boundaries and limits of their jurisdiction or authority.16
Judge Pichay might have
_______________
13 Id., at pp. 203-204; pp. 201-202. (Emphasis ours; citations omitted)
14 Hilario v. Ocampo III, 422 Phil. 593, 604; 371 SCRA 260, 270
(2001).
15 Supra note 8 at p. 642; p. 296.
16 Mupas v. Español, 478 Phil. 396, 408-409; 434 SCRA 303, 312
(2004).
10
10 SUPREME COURT REPORTS ANNOTATED
Altobano-Ruiz vs. Pichay
the noble objective to expedite the case and render prompt
justice but he cannot do in violation of the rules of
procedure.
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
Penalty
Section 8, Rule 140 of the Rules of Court, as amended by
A.M. No. 01-8-10-SC17 characterizes gross ignorance of the
law and procedure as a grave offense. The penalties
prescribed for such offense are: (1) Dismissal from 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; (2) Suspension from office without salary and
other benefits for more than three (3) months but not
exceeding six (6) months; or (3) a fine of more than
P20,000.00 but not exceeding P40,000.00.
While We agree with the findings of the OCA, We,
however, do not agree with its recommendation insofar as
the penalty to be imposed since this is not Judge PichayÊs
first administrative infraction. In Spouses Marcelo v. Judge
Pichay,18 Judge Pichay was found guilty of violating
Section 9, Rule 140 of the Rules of Court for undue delay in
resolving the pending incidents relative to Civil Case No.
2004-286 and was fined in the amount of P12,000.00. In
A.M. No. MTJ-10-1763 (formerly OCA I.P.I. No. 09-2209-
MTJ),19 Judge Pichay was also held administratively liable
for the same offense. Thus, considering also Judge PichayÊs
previous administrative infractions, We find it apt to
impose the maximum amount of fine upon him.
_______________
17 En Banc Resolution dated September 11, 2001 (Re: Proposed
Amendment to Rule 140 of the Rules of Court Regarding the Discipline of
Justices and Judges).
18 729 Phil. 113, 125; 718 SCRA 464, 473 (2014).
19 In the CourtÊs Minute Resolution dated July 19, 2010, Judge
Pichay was fined in the amount of P5,000.00.
11
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SUPREME COURT REPORTS ANNOTATED 856 9/15/19, 8:14 AM
VOL. 856, FEBRUARY 19, 2018 11
Altobano-Ruiz vs. Pichay
WHEREFORE, premises considered, respondent Judge
Ramsey Domingo G. Pichay, Presiding Judge, Branch 78,
Metropolitan Trial Court, Parañaque City is found
GUILTY of GROSS IGNORANCE OF THE LAW, and a
FINE equivalent to the amount of P40,000.00 is hereby
imposed upon him. He is, likewise, sternly warned that the
commission of the same offense or a similar act in the
future will be dealt with more severely.
SO ORDERED.
Carpio (Chairperson), Perlas-Bernabe and Reyes, Jr.,
JJ., concur.
Caguioa, J., On Official Leave.
Respondent Judge Ramsey Domingo G. Pichay meted
with P40,000.00 fine for gross ignorance of the law, with
stern warning against repetition of similar offense.
Notes.·As a rule, for one to be held administratively
accountable for gross ignorance of the law, there must be a
showing that the error was gross and patent as to support
a conclusion that the actor was so moved with malice, bad
faith, corruption, fraud, and dishonesty. (Andres vs. Nambi,
752 SCRA 110 [2015])
Judges are to be reminded that it is the height of
incompetence to dispense cases callously and in utter
disregard of procedural rules. (Chua Keng Sin vs.
Mangente, 750 SCRA 262 [2015])
··o0o··
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