A.M. NO. RTJ-07-2059 (FORMERLY A.M. OCA I.P.I. NO. 06-2419-RTJ) - AUGUSTO C. CAESAR, COMPLAINANT, VS. JUDGE ROMEO M. GOMEZ, REGIONAL TRIAL COURT, BRANCH 25, MAASIN CITY, SOUTHERN LEYTE.DECISION - Supreme Court E-Library

Ruling

Accordingly, we find no cause to controvert the findings of the OCA absolving the respondent judge from the charge of grave misconduct. In addition, Caesar condemns the respondent judge for rashly dismissing Criminal Case No. 04-02-2578. He claims that the dismissal of the estafa case against Ordiz was erroneous and constitutes gross ignorance of the law. The respondent judge, on the other hand, maintains that he did not disregard any procedural rule in granting the motion to dismiss. As justification, he declares that Ordiz's Motion to Dismiss is akin to a demurrer to evidence, which may be filed after the pre-trial or after the prosecution has rested its case, if the evidence presented shows that the crime was not actually committed or is insufficient to prove his guilt beyond reasonable doubt. Thus, if on the basis of the stipulations made at the pre-trial conference it was established that the accused did not commit the crime charged, a motion to dismiss may be filed and granted, as in this case. This explanation deserves scant consideration. Admittedly, there is no material difference between the Motion to Dismiss filed by Ordiz before the RTC and a demurrer to evidence. Section 23, Rule 119 of the Revised Rules of Criminal Procedure sets out the procedure for demurrer to evidence: Section 23. Demurrer to evidence . - After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. In this case, the prosecution had yet to present its evidence at the time the Motion to Dismiss was filed. A demurrer to evidence is, therefore, inappropriate in Criminal Case No. 04-02-2578. The rule is that when the law is so elementary, not to know it or to act as if one does not know it constitutes gross ignorance of the law. [16] By giving due cou