GR 135451; (September, 1999) (Digest)
G.R. No. 135451 . September 30, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. DANILO F. SERRANO, SR., accused-appellee. In re: Judge Pepe P. Domael, Presiding Judge, Branch 37, Regional Trial Court, Naval, Biliran, for disciplinary action for gross ignorance of the law.
FACTS
On August 1, 1993, a sworn complaint for rape was filed against Danilo F. Serrano, Sr. After trial, the Regional Trial Court, Branch 16, Naval, Biliran, rendered a decision on March 6, 1998, acquitting the accused on the ground that the prosecution failed to prove his guilt beyond reasonable doubt. The decision was promulgated on July 28, 1998. On August 11, 1998, the Assistant Public Prosecutor filed a notice of appeal to the Supreme Court from the acquittal, claiming it was “contrary to the facts and the law.” On August 24, 1998, Judge Pepe P. Domael, presiding judge of Branch 37 of the same court, issued an order giving due course to the prosecution’s appeal. Consequently, the court records were forwarded to the Supreme Court.
ISSUE
Whether Judge Pepe P. Domael exhibited gross ignorance of the law by giving due course to the prosecution’s appeal from a judgment of acquittal, thereby violating the constitutional rule against double jeopardy.
RULING
Yes, Judge Domael exhibited ignorance of the law. The Supreme Court found his explanation for granting the appeal—relying on a Department of Justice Memorandum Circular and the accused’s lack of opposition—unacceptable. It is an elementary and fundamental legal principle that the constitutional guarantee against double jeopardy proscribes an appeal from a judgment of acquittal on the merits. A verdict of acquittal is immediately final, and its re-examination would place the accused in second jeopardy for the same offense. This prohibition applies even if the accused does not raise the issue. While Judge Domael’s acts were not tainted with bad faith, fraud, or malice, his failure to know this basic rule constituted ignorance of the law. However, it was not so gross as to warrant dismissal. The Court suspended Judge Pepe P. Domael from office for two months without pay and warned him that repetition would be dealt with more severely.