A.M. No. RTJ-11-2258; June 20, 2012
Eladio D. Perfecto, Complainant, vs. Judge Alma Consuelo Desales-Esidera, Respondent.

FACTS

Complainant Eladio D. Perfecto, publisher of the Catarman Weekly Tribune (CWT), filed an administrative complaint against Judge Alma Consuelo Desales-Esidera for violation of the Code of Judicial Conduct and ignorance of the law. The first charge alleged undue delay in resolving a Petition to Cite for Contempt (Special Civil Action No. 194) filed by Perfecto in July 2008, which remained pending without action. The second charge accused the Judge of ignorance for directing the publication of court orders in adoption cases in a newspaper of national circulation instead of in the CWT, which Perfecto claimed was the only accredited newspaper in Northern Samar under Presidential Decree No. 1079.
In her defense, Judge Esidera denied any undue delay, attributing the lack of movement in the contempt case to the complainant’s failure to file a motion to set it for conference and to considerations for his counsel’s health. Regarding the publication issue, she contended that the CWT was not generally circulated in the province, suffered from late deliveries, and lacked a business permit, thereby failing to satisfy the purpose of publication. She argued her directives for publication in a newspaper of general circulation did not violate the law and even ensured timely publication.

ISSUE

Whether Judge Alma Consuelo Desales-Esidera is administratively liable for gross ignorance of the law based on the charges of undue delay in resolving a case and improper directives on the publication of judicial notices.

RULING

Yes, the Supreme Court found Judge Esidera liable for gross ignorance of the law, but only concerning the first charge for undue delay. The Court emphasized that judges must be proficient in basic procedural rules. While a party may move to set a case for pre-trial, the court itself, through the branch clerk of court, has a mandatory duty to schedule the case if the party fails to do so. Judge Esidera’s inaction for an unreasonable period, blaming her staff or the complainant, demonstrated a fundamental lack of familiarity with these procedural duties, constituting gross ignorance. The Court imposed a fine of Ten Thousand Pesos (₱10,000.00) with a stern warning.
Regarding the second charge, the Court found no liability. Presidential Decree No. 1079 requires publication in a newspaper of general circulation in the province. The Judge’s assessment that the CWT did not meet this standard due to limited circulation and delivery issues was a valid exercise of judicial discretion to ensure effective publication, not ignorance of the law. Thus, this charge was dismissed. The ruling underscores that gross ignorance exists when a judge fails to act on elementary legal duties, as in the mismanagement of the contempt case.