G.R. No. RTJ-17-2503. July 28, 2020.
Office of the Court Administrator, Complainant, vs. Hon. Fernando F. Flor, Jr., Presiding Judge, Branch 28, Regional Trial Court, Bayombong, Nueva Vizcaya, Respondent.

FACTS

The Office of the Court Administrator (OCA) acted upon a letter from Atty. Jona Gay Pua-Mendoza, Clerk of Court of RTC Branch 28, Bayombong, Nueva Vizcaya, detailing administrative charges against Presiding Judge Fernando F. Flor, Jr. The complaint alleged that Judge Flor, Jr. granted bail in multiple criminal cases for illegal sale of dangerous drugs (a non-bailable offense under R.A. 9165) in patent disregard of procedural rules. Specific irregularities included: 1) Issuing orders granting bail without a summary of the prosecution evidence (Criminal Case Nos. 6964, 7060, 7348-49, 7409, and 7091); 2) Granting a motion to reduce bail without a hearing (Criminal Case No. 6998); 3) Granting a motion to reduce bail without a hearing, despite only a marginal note from the prosecutor (Criminal Case No. 7091); and 4) Granting a motion for reconsideration to allow bail without a hearing (Criminal Case No. 7826, involving a child in conflict with the law). Judge Flor, Jr. admitted to issuing orders without the required summary of evidence. He explained that he granted bail in Criminal Case No. 7826 without a hearing because the 17-year-old accused had the mental capacity of a 10-year-old. He also pleaded for compassion in view of his application for early retirement. The OCA found him guilty of gross ignorance of the law and recommended a fine of P50,000.00, noting his previous administrative sanction (a P20,000.00 fine in A.M. No. RTJ-06-1995 for issuing a warrant of arrest where the complainant was his wife).

ISSUE

Whether or not Judge Fernando F. Flor, Jr. is administratively liable for Gross Ignorance of the Law for his failure to follow established rules and procedures in granting bail applications in criminal cases involving non-bailable offenses.

RULING

Yes, Judge Fernando F. Flor, Jr. is GUILTY of GROSS IGNORANCE OF THE LAW. The Court adopted the OCA’s findings but modified the penalty. The Court held that judges are duty-bound to know and apply basic legal rules and procedures. Judge Flor, Jr.’s actions constituted a patent disregard of elementary rules in granting bail: 1) He granted bail in a capital offense (Criminal Case No. 7826) without the mandatory hearing required to determine if evidence of guilt is strong, which is a violation even under the 2009 Revised Rules on Children in Conflict with the Law. 2) He granted motions to reduce bail without the priority hearing mandated by the Guidelines for Decongesting Holding Jails. 3) He issued orders granting bail without the required summary of the prosecution’s evidence, which is a crucial aspect of judicial due process. These multiple violations, coupled with his previous administrative case, demonstrated a serious question regarding his competence and integrity. Gross ignorance of the law is a serious charge. Considering the multiple counts of violation and his previous misconduct, the Court imposed the penalty of DISMISSAL FROM SERVICE, with forfeiture of all retirement benefits except accrued leave credits, and with prejudice to re-employment in any government branch or instrumentality.