A.M. No. RTJ-93-978 February 7, 1994
Gloria Morada, complainant, vs. Judge Silverio S. Tayao, RTC, Branch 143, Makati, Metro Manila, respondent.

FACTS

This administrative matter consolidates two issues against Judge Silverio S. Tayao. First, based on a “Laciste Report” submitted to the Presidential Anti-Crime Commission, it was alleged that Judge Tayao irregularly granted bail to the accused (Michael Yip and Muy Way Cheung) in Criminal Case No. 91-5718, a case for illegal sale of five (5) kilograms of shabu, a non-bailable offense if evidence of guilt is strong. The accused posted cash bail but later jumped bail and were eventually re-arrested. The prosecution filed an urgent motion for reconsideration, claiming the cash bail requirement was an irregularity designed to favor the accused. Before resolving this motion, Judge Tayao forfeited the cash bonds and issued warrants for the accused’s arrest after they failed to comply with bail conditions. Second, in A.M. No. RTJ-93-978, complainant Gloria Morada charged Judge Tayao with bias and partiality in Civil Case No. 88-2237, where he rendered a decision reducing rental payments. Judge Tayao was ill and in a state of shock, unable to submit his comment. He subsequently tendered his resignation effective August 16, 1993.

ISSUE

1. Whether Judge Silverio S. Tayao committed irregularity or grave abuse of discretion in granting bail to the accused in Criminal Case No. 91-5718.
2. Whether Judge Tayao displayed partiality and bias in his decision in Civil Case No. 88-2237.
3. Whether the administrative cases should be considered closed and terminated in view of Judge Tayao’s resignation.

RULING

1. On the grant of bail, the Court found no basis for the charge of irregularity. The determination of whether evidence of guilt is strong for purposes of bail in a non-bailable offense is a matter of judicial discretion. Judge Tayao exercised this discretion only after a hearing where the prosecution was afforded ample opportunity to present evidence, and after considering the parties’ memoranda. No procedural requirements were violated. The specification of a cash bond, by itself, did not constitute irregularity. The subsequent forfeiture of the bonds and issuance of arrest orders upon the accused’s non-compliance demonstrated the court’s control over the process.
2. On the charge of bias in the civil case, the Court noted that complainant Gloria Morada had already appealed the decision to the Court of Appeals. An administrative complaint is not a substitute for appeal. The decision of Judge Tayao did not, on its face, constitute prima facie evidence of bad faith, partiality, or bias. Even if the appellate court eventually reverses the decision, a legal error alone does not establish administrative liability.
3. The Court resolved to ACCEPT the resignation of Judge Silverio S. Tayao and to CONSIDER both Administrative Matter No. 93-8-1204-RTC and Administrative Matter No. RTJ-93-978 as CLOSED and TERMINATED.