AM 97 2 12; (August, 1997) (Digest)
A.M. No. 97-2-12-MTC August 21, 1997
RE: ISSUANCE OF SUBPOENA TO PRISONER NICANOR DE GUZMAN, JR.
FACTS
Acting Presiding Judge Geminiano A. Eduardo of the Municipal Trial Court (MTC) of San Leonardo, Nueva Ecija, ordered the issuance of a subpoena to Nicanor de Guzman, Jr., directing him to appear for a hearing on January 16, 1997, in a land registration case. Clerk of Court II Juana F. Edades issued the subpoena, which was forwarded to the National Bilibid Prisons (NBP). The Penal Superintendent of the NBP informed the court via a letter received on January 10, 1997, that De Guzman was a life termer and could not be brought to court without prior Supreme Court authorization, as mandated by Administrative Circular No. 6 dated December 5, 1977.
Judge Eduardo and Clerk of Court Edades were directed to explain their actions. Judge Eduardo claimed he was unaware De Guzman was the detained life termer, had no copy of the 1977 Circular on file, and was burdened by a heavy workload. He also asserted that De Guzman did not appear in court on the scheduled date and that his eventual release was due to a subpoena from another government agency. Clerk of Court Edades similarly pleaded ignorance of the Circular and noted that De Guzman disregarded the MTC subpoena.
ISSUE
Whether respondents Judge Geminiano A. Eduardo and Clerk of Court Juana F. Edades are administratively liable for issuing a subpoena to a prisoner serving a life sentence without the required Supreme Court authorization.
RULING
Yes, the respondents are administratively liable. The Supreme Court found their explanations unacceptable. Administrative Circular No. 6 explicitly requires prior Supreme Court authorization before a prisoner sentenced to life imprisonment can be brought outside the NBP for court attendance. Ignorance of this Circular is not a valid excuse. Judges and court personnel are presumed to know the laws and circulars essential to their functions. The Court emphasized that it is a judge’s duty to carefully examine applications for subpoenas involving detention prisoners.
Judge Eduardo was grossly negligent. Upon receiving the NBP Superintendent’s letter on January 10, 1997, he had six days before the hearing to rectify the error by recalling the subpoena or seeking the Court’s permission but failed to act. Clerk of Court Edades was likewise negligent; her role requires her to keep abreast of vital circulars. Their actions demonstrated a lack of familiarity with rules, undermining public confidence in the judiciary. Consequently, the Court found them guilty of gross negligence. Judge Eduardo was fined P10,000.00 and Clerk of Court Edades P5,000.00, with a stern warning against repetition.