Professional Documents
Culture Documents
*
A.M. No. RTJ-92-876. September 19, 1994.
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* EN BANC.
506
507
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should act and behave in such a manner that the parties before
him should have confidence in his impartiality. Thus, it is not
enough that he decides cases without bias and favoritism. Nor is
it sufficient that he in fact rids himself of prepossessions. His
actuations should moreover inspire that belief. Like Caesar’s wife,
a judge must not only be pure but beyond suspicion.
Same; Same; Same; As a judge of the Regional Trial Court of
Manila, respondent is supposed to be well-versed in the elementary
legal mandates on the publication of laws before they take effect.—
The assertion of respondent judge that there was no need to await
publication of Circular No. 1353 for the reason that the public
announcement made by the President in several newspapers of
general circulation lifting foreign exchange controls is total,
absolute, without qualification, and immediately effective, is
beyond comprehension. As a judge of the Regional Trial Court of
Manila, respondent is supposed to be well-versed in the
elementary legal mandates on the publication of laws before they
take effect. It is inconceivable that respondent should insist on an
altogether different and illogical interpretation of an established
and well-entrenched rule if only to suit his own personal opinion
and, as it were, to defend his indefensible action. It was not for
him to indulge or even to give the appearance of catering to the
at-times human failing of yielding to first impressions. He having
done so, in the face of the foregoing premises, this Court is hard
put to believe that he indeed acted in good faith.
Same; Same; Same; Dismissal of the eleven criminal cases
without a motion to quash having been filed by the accused, and
without at least giving the prosecution the basic opportunity to be
heard on the matter is denial of due process to the Government.—
This is not a simple case of a misapplication or erroneous
interpretation of the law. The very act of respondent judge in
altogether dismissing sua sponte the eleven criminal cases
without even a motion to quash having been filed by the accused,
and without at least giving the prosecution the basic opportunity
to be heard on the matter by way of a written comment or on oral
argument, is not only a blatant denial of elementary due process
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509
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511
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PER CURIAM:
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516
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517
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4 Rollo, 21.
518
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5 Rollo, 55.
6 Ibid., 63.
519
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These eleven (11) cases are for Violation of Central Bank Foreign
Exchange Restrictions as consolidated in CB Circular No. 960 in
relation to the penal provision of Sec. 34 of R.A. 265, as amended.
The accused Mrs. Imelda R. Marcos pleaded not guilty to all
these cases; apparently the other accused in some of these cases,
Roberto S. Benedicto, was not arrested and therefore the Court
did not acquire jurisdiction over his person; trial was commenced
as against Mrs. Marcos.
His Excellency, the President of the Philippines, announced on
August 10, 1992 that the government has lifted all foreign
exchange restrictions and it is also reported that Central Bank
Governor Jose Cuisia said that the Monetary Board arrived at
such decision (issue of the Philippine Daily Inquirer, August 11,
1992 and issue of the Daily Globe of the same date). The Court
has to give full confidence and credit to the reported
announcement of the Executive Department, specially from the
highest official of that department; the Courts are charged with
judicial notice of matters which are of public knowledge, without
introduction of proof, the announcement published in at least the
two newspapers cited above which are reputable and of national
circulation.
Per several cases decided by the Supreme Court (People vs.
Alcaras, 56 Phil. 520, People vs. Francisco, 56 Phil. 572, People
vs. Pastor, 77 Phil. 1000, People vs. Crisanto Tamayo, 61 Phil.
225), among others, it was held that the repeal of a penal law
without re-enactment
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7 Rollo, 88.
8 Ibid., 8.
520
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The order was issued motu proprio, i.e., without any motion to
dismiss filed by counsel for the accused, without giving an
opportunity for the prosecution to be heard, and solely on the
basis of newspaper reports announcing that the President has
lifted all foreign exchange restrictions.
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521
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Order No. 200). The full text of CB Circular No. 1353, series of
1992, entitled ‘Further Liberalizing
Foreign Exchange Regulation’ was published in the August 27,
1992 issue of the Manila Chronicle, the Philippine Star and the
Manila Bulletin. Per certification of the CB Corporate Affairs
Office, CB Circular No. 1353 took effect on September 2 x x x..
Considering that respondent judge admittedly had not seen the
official text of CB Circular No. 1353, he was in no position to rule
judiciously on whether CB Circular No. 960, under which the
accused Mrs. Marcos is charged, was already repealed by CB
Circular No. 1353. x x x
xxx
A cursory reading of the x x x provision would have readily
shown that the repeal of the regulations on non-trade foreign
exchange transactions is not absolute, as there is a provision that
with respect to violations of former regulations that are the
subject of pending actions or investigations, they shall be
governed by the regulations existing at the time the cause of
action (arose). Thus his conclusion that he has lost jurisdiction
over the criminal cases is precipitate and hasty. Had he awaited
the filing of a motion to dismiss by the accused, and given
opportunity for the prosecution to comment/oppose the same, his
resolution would have been the result of deliberation, not
speculation.
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522
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effective. The reason is simple. A law which is not yet in
force and hence, still inexistent, cannot be of common
knowledge capable of ready and unquestionable
demonstration, which is one of the requirements before a
court can take judicial notice of a fact.
Evidently, it was impossible for respondent judge, and it
was definitely not proper for him, to have taken cognizance
of CB Circular No. 1353, when the same was not yet in
force at the time the improvident order of dismissal was
issued.
II. Central Bank Circular No. 1353, which took effect on
September 1, 1992, further liberalized the foreign exchange
regulations on receipts and disbursements of residents
arising from non-trade and trade transactions. Section 16
thereof provides for a saving clause, thus:
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the judge. This means that a judge should not only render
a just, correct and impartial decision but should do so in
such a manner as to be free from any suspicion as to its
fairness and impartiality and as to his integrity. While a
judge should possess proficiency in law in order that he can
competently construe and enforce the law, it is more
important that he should act and behave in such a manner
that the parties before him should have confidence in his
impartiality. Thus, it is not enough that he decides cases
without bias and favoritism. Nor is it sufficient that he in
fact rids himself of prepossessions. His actuations should
moreover inspire that belief. Like Caesar’s21 wife, a judge
must not only be pure but beyond suspicion.
Moreover, it has always heretofore been the rule that in
disposing of controverted cases, judges should show their
full understanding of the case, avoid the suspicion of
arbitrary conclusion, promote confidence in their
intellectual integrity 22
and contribute useful precedents to
the growth of the law. A judge should be mindful that his
duty is the application of general law to particular
instances, that ours is a government of laws and not of
men, and that he violates his duty as a minister of justice
under such a system if he seeks to do what he may
personally consider substantial justice in a particular case
and disregards the general law as he knows it to be binding
on him. Such action may have detrimental consequences
beyond the immediate controversy. He should administer
his office with due regard to the integrity of the system of
the law itself, remembering that he is not a depository of
arbitrary
23
power, but a judge under the sanction of the
law. These are immutable principles that go into the very
essence of the task of dispensing justice and we see no
reason why they should not be duly considered in the
present case.
The assertion of respondent judge that there was no
need to await publication of Circular No. 1353 for the
reason that the public announcement made by the
President in several news-
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20 Luque vs. Kayanan, et al., G.R. No. L-26826, August 29, 1969, 29
SCRA 165.
21 Agpalo, Legal Ethics, 1988, 4th ed., 454-455.
22 Canon 17, Canons of Judicial Ethics.
23 Canon 18, id.
526
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24 Castillo, et al. vs. Juan, G.R. Nos. 39516-17, January 28, 1975, 62
SCRA 124.
25 Olaivar vs. Singco, A.M. No. 45-MJ, March 29, 1974, 56 SCRA 232.
26 Cf. Alejandro vs. Pepito, G.R. No. 52090, February 21, 1980, 96
SCRA 322.
527
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529
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31 See In re: Rafael C. Climaco, Adm. Case No. 134-J, January 21, 1974, 55
SCRA 107.
32 Rollo, 32-35.
530
and how they will conform to the laws or the rules. In this
particular case, with the total lifting of the controls, there is no
need to await publication. It would have been different if the
circular that in effect repealed Central Bank Circular No. 960,
under which the accused was charged in the cases dismissed by
me, had provided for penalties and/or modified the provisions of
said Circular No. 960.
The Complainants state that the lifting of controls was not yet in
force when I dismissed the cases but it should be noted that in the
report of the two (2) newspapers aforequoted, the President’s
announcement of the lifting of controls was stated in the present
perfect tense (Globe) or past tense (Inquirer). In other words, it
has already been lifted; the announcement did not say that the
government INTENDS to lift all foreign exchange restrictions but
instead says that the government “has LIFTED all foreign
exchange controls,” and in the other newspaper cited above, that
“The government yesterday lifted the last remaining restrictions
on foreign exchange transactions.” The lifting of the last
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of the law.
Subsequently, the Court dismissed another RTC judge,
with forfeiture of retirement benefits, for gross ignorance of
the law and for knowingly rendering an unjust order or
judgment when he granted bail to an accused charged with
raping an 11-year old girl, despite the contrary
recommendation of the investigating judge, and thereafter
granted the motion 34to dismiss the case allegedly executed
by the complainant.
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33 Padilla vs. Dizon, Adm. Case No. 3086, February 23, 1988, 158 SCRA
127.
34 Buenavista, Jr. vs. Garcia, A.M. No. RTJ-88-246, July 19, 1990, 187
SCRA 598.
35 Garganera vs. Jocson, A.M. No. RTJ-88-227, September 1, 1992, 213
SCRA 149.
36 Uy, et al. vs. Dizon-Capulong, A.M. No. RTJ-91-766, April 7, 1993,
221 SCRA 87.
533
37
and unjust judgment.
ACCORDINGLY, on the foregoing premises and
considerations, the Court finds respondent Judge Manuel
T. Muro guilty of gross ignorance of the law. He is hereby
DISMISSED from the service, such dismissal to carry with
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DISSENTING OPINION
BELLOSILLO, J.:
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534
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535
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erroneous. It is a general principle of the highest
importance to proper administration of justice that a
judicial officer, in exercising the authority vested in him,
shall be free to act upon his own convictions, without
apprehension of personal consequences to himself. This
concept of judicial immunity rests upon consideration of
public policy, its purpose being to preserve
6
the integrity
and independence of the judiciary.” This being settled
doctrine, there is no choice but to apply it to the instant
case.
The facts: Respondent Manuel T. Muro, a native of
Masbate, Masbate, was appointed on 6 November 1986 as
Presiding Judge of the Regional Trial Court of Manila, Br.
54, by then President Corazon C. Aquino. A product of the
College of Law, Far Eastern University, he graduated
valedictorian in 1955, magna cum laude, and placed sixth
in the Bar Examinations. Now he is being charged with
ignorance of the law, grave misconduct and violation of7
Rules 2.01, 3.01 and 3.02 of the Code of Judicial Conduct
for dismissing motu proprio the eleven (11) cases filed by
the Department of Justice Panel of Prosecutors against Ms.
Imelda Romualdez Marcos for Violation of Central Bank
Foreign Exchange Restrictions after President Fidel V.
Ramos had announced, which was published in newspaper
reports, the lifting of all foreign exchange restrictions.
The majority opinion finds respondent judge guilty of
gross ignorance of the law and imposes upon him the
supreme penalty of dismissal from the service, forfeiture of
leave credits and retirement benefits, and disqualification
from reemployment in
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the facts and the applicable law unswayed by partisan interests, public
opinion or fear of criticism.”
536
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537
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538
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539
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540
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541
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by this Court in subsequent decisions.” The law always
imputes good faith to judicial action, and the burden is on
the one challenging the same to prove want of it.
Contraposed with the “exacting standard” required,
complainant-prosecutors in the instant case failed to prove
the absence of good faith on the part of respondent judge.
Consequently, the presumption that official duty has been
regularly performed stands.
I find it difficult to compare the instant case with those
29
cited in the majority opinion. In Padilla v. Judge Dizon,
respondent not only allowed the accused to go scot-free,
leaving the Commissioner of Customs without any relief
against the accused, the former likewise ordered the
release of US$3,000.00 to the accused. Thus, respondent
judge was found guilty not only of gross ignorance of the
law, but also of gross incompetence, and grave and serious
misconduct affecting his integrity and efficiency, and was
consequently dismissed from the service. And, failing to
learn a lesson from his earlier administrative case,
respondent judge, after his reinstatement, this time
erroneously acquitted the defendants in four (4) different
cases of illegal possession of firearms. Finally the Court
said, “[w]hen it has been clearly demonstrated, as in this
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case, not only once but four (4) times, that the judge is
either grossly incompetent or grossly ignorant of the penal
laws x30 x x x he becomes unfit to discharge his judicial
office.” Unlike former Judge Dizon, this is the first time
respondent Judge Muro is being administratively charged.
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542
31
In Buenavista v. Judge Garcia, the Court found
respondent guilty of “serious misconduct, gross ignorance of
the law, and knowingly rendering an unjust order or
judgment” for granting bail to an accused who was charged
with statutory rape, for “improper and immoral
intervention in brokering a compromise of the criminal
cases” against the accused, and thereafter for granting the
motion to dismiss the rape case on the basis of an Affidavit
of Desistance allegedly executed by the victim who was
then a minor. Certainly, the actuations of the respondent
judge in the cited case are far worse than the complained
indiscretions of herein respondent Judge. 32
In the proceedings instituted against Judge Jocson, he
was charged with a litany of administrative cases, six (6) in
all, i.e., from gross misconduct to gross ignorance of the
law, to incompetence, to partiality. While not all the
charges were sufficiently proved, respondent judge was
found to be “ignorant of fairly elementary and quite
familiar legal principles and administrative regulations,
(with) x x x a marked penchant for applying unorthodox,
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31 A.M. No. RTJ-88-246, 19 July 1990, 187 SCRA 598, cited in the
Majority Opinion, p. 25.
32 Garganera v. Judge Jocson, A.M. No. RTJ-88-227, Mejorada v. Judge
Jocson, A.M. No. RTJ-90-624, Velez v. Judge Jocson, A.M. No. RTJ-88-270,
Judge Jocson v. Barredo, A.M. No. P-87-124, Jalandoon v. Judge Jocson,
A.M. No. RTJ-88-269, Angodong v. Judge Jocson, A.M. No. RTJ-88-267,
and Tronco v. Judge Jocson, A.M. No. RTJ-88-279, all promulgated 1
September 1992, 213 SCRA 149, cited in the Majority Opinion, p. 25.
543
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33 Adm. Matter No. RTJ-91-766, 7 April 1993, 221 SCRA 87, cited in
the Majority Opinion, p. 25.
34 Dinapol v. Judge Baldado, Adm. Matter No. RTJ-92-898, 5 August
1993, 225 SCRA 110.
35 Alisangco v. Judge Tabiliran, Jr., Adm. Matter No. MTJ-91-554, 30
June 1993, 224 SCRA 1.
36 Negado v. Judge Autajay, See Note 18.
37 See In Re: Petition for the Dismissal from Service and/or
544
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