Community Rural Bank of Guimba VS.

Judge Tomas Talavera

FACTS:
In a Complaint-Affidavit dated June 24, 2003, the Community Rural Bank of Guimba (N.
E.), Inc. charged Judge Tomas B. Talavera of the Regional Trial Court (Branch 28) of
Cabanatuan City, Nueva Ecija, with (1) serious misconduct and/or gross inefficiency and (2)
violation of Rules 1.01, 3.01 and 3.02 of the Code of Judicial Conduct.
In September 1997, the Bank lodged a complaint with the City Prosecutors Office
of Cabanatuan charging several persons with the offense of Estafa. After a preliminary
investigation, the Investigating Fiscal recommended the filing of six (6) Informations for
Estafa against the accused. These were docketed as Criminal Case Nos. 8760 to 8765
and respondent was the presiding judge of Branch 28 to whom Criminal Case Nos. 8761
and 8763 were raffled.
On 28 December 1998, the accused appealed the findings of the Investigating
Fiscal to the Department of Justice. On 19 November 1999, the DOJ denied the petition
of the accused. Then, the accused filed a Motion for Reconsideration, which was denied
by the DOJ through a resolution, dated 15 August 2000. Hence, respondent issued a
Warrant of Arrest fixing no bail against the accused.
On 20 November 2000, the accused filed a Motion for Reinvestigation and to Lift
the Issuance of Warrant of Arrest.However, neither the Bank nor its counsel was
furnished a copy of said Motion. There was also no hearing on the said motion to afford
the Bank an opportunity to oppose the same.
On 4 December 2000, respondent granted the Motion for Reinvestigation without
any hearing thereon. Thus, a reinvestigation proceeding was conducted by Assistant
Provincial Prosecutor Virgilio Caballero. Again, the Bank was not notified of said
proceedings.
Assistant Provincial Prosecutor Caballero, in his Joint Resolution dated 28
December 2000, reversed the earlier findings of the previous Investigating Fiscal. On the
same day, a Motion to Dismiss was filed by Assistant Provincial Prosecutor Caballero.
Neither the bank nor its counsel was notified about the said Motion and no hearing
thereon was held to afford the Bank an opportunity to oppose the same.
Respondent granted the Motion to Dismiss and ordered the release of the accused
on 29 December 2000.
On 11 January 2001, the Bank, arguing that it had been deprived of due process,
filed a Motion for Reconsideration with Opposition/Comment to the Motion to Dismiss and
Omnibus Motion for the Reinstatement of the Criminal Information and for the Recall of
Order for Release.
Respondent denied the afore-mentioned Motion of the Bank for lack of merit on 23
March 2001. Thus, the Bank filed a Petition for Review under Rule 65 of the Revised
Rules of Court with the Court of Appeals. Respondent Judge Talavera refutes the
Complaint-Affidavit of the petitioner that there was no need to set the Motion for
Reinvestigation for hearing because the Office of the Provincial Prosecutor who has direct
control and supervision of all criminal cases was furnished a copy of said motion. Setting
the same for hearing would be an exercise in futility and it could just delay the immediate
disposition of the case.
Since the Motion to Dismiss was filed by prosecutor and the same was not
prejudicial to the adverse party, the accused, it is just proper for the court to treat
the said motion as non-litigious.

The private prosecutor filed a petition for certiorari before the Court of
Appeals seeking to amend and set aside the Order dated 23 March 2003 of
Respondent Judge which denied the Motion for Reconsideration of the private
complainant.

The petition filed before the Court of Appeals was filed on the ground of grave
abuse of discretion amounting to lack of jurisdiction.
ISSUE:
 WHETHER OR NOT the respondent Judge committed grave abuse of discretion
amounting to lack or excess in jurisdiction when he dismissed the criminal case without
giving the complainant opportunity to object;
 WHETHER OR NOT the respondent Judge’s actions constitutes serious misconduct
and/or gross ignorance of the law.
RULING:
The SC agrees with the findings and recommendations of the OCA.
The Office of the Court Administrator finds that by dismissing the criminal case
without giving complainant the opportunity to object to the Motion for Reinvestigation and
Motion to Dismiss, respondent showed gross ignorance of the law, for which he should
be sanctioned. The OCA added that the presence of the offended party was required in
the hearing of a motion to dismiss as much as in the arraignment.
Pursuant to Rule 140 of the Rules of Court, the OCA recommended that
respondent judge be fined in the amount of P21,000.
On the other hand, the OCA recommended that the charge of gross misconduct
be dismissed for lack of substantial evidence. It found no clear proof of malice or wrongful
intent on the part of respondent.
 First, the respondent should not have entertained the Motion for Reinvestigation
filed by the accused. The former was fully aware that the latter had appealed the
unfavorable ruling of the investigating prosecutor to the Department of Justice.

Inasmuch as the Resolution of the provincial prosecutor has been affirmed by the

secretary of justice, the existence of probable cause to hold the accused for trial may be

deemed to be the finding of the secretary himself, not merely of the prosecutor who had

first investigated the case. Therefore, what the prosecutor reviewed and overruled in the

reinvestigation was not the actuation and resolution of his predecessor, but of the

secretary of justice no less. In short, the secretary of justice, who has the power of

supervision and control over prosecuting officers, is the ultimate authority who decides

which of the conflicting theories of the complainants and the respondents should be

believed. The provincial or city prosecutor has neither the personality nor the legal

authority to review or overrule the decision of the secretary.

Clearly, therefore, it was grossly erroneous for respondent judge to order the

reinvestigation of the case by the prosecutor. This action enabled the latter to reprobate

and reverse the secretary’s Resolution. In granting the Motion for Reinvestigation,

respondent effectively demolished the DOJs power of control and supervision over

prosecutors.

Second, in granting the Motion to Dismiss, respondent relied solely on the

Resolution of the prosecutor who had conducted the reinvestigation and recommended

the dismissal of the case for alleged insufficiency of evidence. This perfunctory Order
does not demonstrate an independent evaluation or assessment of the evidence against

the accused.

Third, respondent granted the Motions despite the obvious lack of notice to

complainant and lack of hearing.

The Rules of Court require that, with the exception of motions that the court may

act upon without prejudicing the rights of the adverse party, every written motion should

be set for hearing by the movant. Sections 4, 5 and 6 of Rule 15 of the Rules of Court

explicitly require that notices be sent at least three days before the hearing and directed

at the parties concerned; and that they state the time and place of hearing of the motion,

with proper proof of notice thereof. Without such proof, the motion is considered pro

forma; thus, the court cannot act upon it. The purpose of the notice is to enable the

adverse party to appear for its own protection and to contest the motion.

The OCA recommended the penalty of a fine in the amount of P21,000 for

respondent judge’s gross ignorance of the law, which is classified by Rule 140 of the

Rules of Court as a serious charge. As to the complaint of serious misconduct, we also

adopt the findings of the OCA that no fraud, malice or wrongful intent was imputed, or

proved by complainant; hence, respondent cannot be made liable therefor.

WHEREFORE, Judge Tomas B. Talavera is found GUILTY of gross ignorance of the law

and is FINED twenty one thousand pesos.

He is hereby sternly warned that a repetition of the same or similar infractions in the future

shall be dealt with more severely.

SO ORDERED.