G.R. No. MTJ-19-1928 August 19, 2019
JULIANA P. AREVALO, SOUVEN P. AREVALO and OSCAR P. AREVALO, JR., Complainants vs. HON. ELI C. POSUGAC, PRESIDING JUDGE, MUNICIPAL TRIAL COURT, SIRUMA, CAMARINES SUR, Respondent

FACTS

Complainants, who claimed to be lawful possessors of an agricultural land, were charged with two counts of Grave Threats (Crim. Case Nos. S-11-1863 and S-11-1864) by Junelda A. Lombos, who also claimed ownership over the same land. The complaints were filed on August 26 and 31, 2011. Respondent Judge Eli C. Posugac immediately issued Warrants of Arrest on August 31, 2011, and set bail at ₱12,000.00 per accused per case. Complainants Juliana and Souven were arrested at their residence on September 23, 2011, unaware of the cases. Oscar, Jr. was arrested on September 26, 2011. They were detained until September 27, 2011, when they were released after their motion to reduce bail was granted. On November 11, 2011, the respondent judge issued an Order dismissing the consolidated cases, having belatedly discovered that the imposable penalties exceeded four years, two months, and one day, thus necessitating a preliminary investigation which was not conducted, rendering the court without jurisdiction. The cases were forwarded to the Provincial Prosecutor’s Office, which later dismissed them for lack of probable cause. Complainants filed an administrative case against the respondent judge for grave misconduct, gross ignorance of the law, and acts resulting in arbitrary arrest, arguing that their constitutional rights were violated.

ISSUE

Whether respondent Judge Eli C. Posugac is administratively liable for Gross Ignorance of the Law for his erroneous issuance of warrants of arrest without the required preliminary investigation in criminal cases where the imposable penalty exceeded his jurisdiction.

RULING

Yes, the respondent judge is guilty of Gross Ignorance of the Law. The Court found that the judge committed a serious and elementary error in issuing warrants of arrest without first conducting a preliminary investigation, as required under Section 1, Rule 112 of the Rules of Court, for offenses where the imposable penalty is at least four years, two months, and one day. The charges of Grave Threats carried penalties of prision correccional, which necessitated a preliminary investigation. The judge’s failure to observe this basic procedural rule, which directly resulted in the complainants’ unlawful deprivation of liberty, constituted gross ignorance of the law. His defense of good faith and honest oversight was rejected, as the law involved was elementary and his negligence was gross. The Court imposed a fine of Forty Thousand Pesos (₱40,000.00) with a warning that a repetition would be dealt with more severely.