A.M. No. RTJ-17-2503 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, VS. HON. FERNANDO F. FLOR, JR., PRESIDING JUDGE, BRANCH 28, REGIONAL TRIAL COURT, BAYOMBONG, NUEVA VIZCAYA.

Ruling

accordingly reduced to P 170,000.00. III. People vs. Edgar Allan Cadaiio and Johfen [ sic ] Garingan y Sandoval, Criminal Case No. 7826, for Violation of Section 5 of R.A. No. 9165 The case involves a child in conflict with the law (CICL). Accused Johnfel [ sic ] Garingan was 17 years old and 6 months old when he was arrested, x x x The case was originally raffled to Branch 29, a Family Court, but the presiding judge inhibited, x x x Records reveal that there is a pending Motion for Reconsideration filed by counsel to allow him to post bail which the court granted on February 6, 2015. x x x x Going now to the crux of the controversy, we find Judge Flor liable for gross ignorance of the law for his failure to conduct hearings on the Motion to Reduce Bail in Criminal Case Nos. 6998 and 7091 and on the Motion for Reconsideration of the Order denying bail in Criminal Case No. 7826. x x x x In both cases [Criminal Case Nos. 6998 and 7091] Judge Flor complied with the requirement of hearing under Section 7, Rule 114 of the Rules of Court. However, when both accused moved for the reduction of the bail, he granted the motions filed by the accused without conducting a hearing or requiring the public prosecutor to comment on the motion in Criminal Case No. 6998. x x x x Judge Flor in haste granted the motion for reduction of bail in Criminal Case No. 6998 without giving the prosecution the chance to be heard. In Criminal Case No. 7091, although the public prosecutor had a marginal note on the motion submitting the motion to the sound discretion of the court, Judge Flor should have conducted a hearing to ascertain if the public prosecutor was not contesting the reduced amount of bail x x x. It is also noted that a cursory reading of the resolutions issued in Criminal Case Nos. 6964, 7060, 7348[-49], 7409 and 7091 shows that Judge Flor failed to make a brief summary of evidence adduced by the prosecution, which is necessary to determine whether he has adequate basis for granting bail. This was admitted by Judge Flor in his Comment. x x x x Also, the procedural necessity of a hearing relative to the grant of bail cannot be dispensed with especially in this case where the accused is charged with a capital offense. Utmost diligence is required of trial judges in granting bail especially in cases where bail is not a matter of right. Certain procedure must be followed in order that the accused would be present during trial. As a responsible judge. Judge Flor must not be swayed by the mere representations of the parties; instead he should look into the real and hard facts of the case. x x x x x x x It is respectfully recommended for the consideration of the Honorable Court that: x x x x (3) respondent Judge Flor be found GUILTY of GROSS IGNORANCE OF THE LAW and, accordingly, be FINED in the amount of Fifty Thousand Pesos (P50,000.00) to be paid to the Court within thirty (30) days from notice. [14] (Emphases supplied; citations omitted.) RULING The Court adopts th