AM MTJ 08 1718; (March, 2011) (Digest)
G.R. No.: A.M. No. MTJ-08-1718; March 16, 2011
Case Parties/Title: ATTY. RAFAEL T. MARTINEZ and SPOUSES DAN and EDNA REYES, Complainants, vs. JUDGE GRACE GLICERIA F. DE VERA, Presiding Judge, Municipal Trial Court in Cities, San Carlos City, Pangasinan, Respondent.
FACTS
Complainants, defendants in Civil Case No. MTCC-1613 for ejectment, filed an administrative complaint against Judge Grace Gliceria F. De Vera for Gross Ignorance of the Law. The complaint stemmed from the judge’s denial of the admission of the complainants’ position paper and attached evidence. The pre-trial order, received by complainant Atty. Rafael T. Martinez on November 21, 2007, directed the filing of position papers within ten days, making the deadline December 1, 2007. Since December 1 fell on a Saturday, the complainants filed their position paper by registered mail on Monday, December 3, 2007. Judge De Vera issued an order dated December 12, 2007, denying the admission of the position paper for being filed out of time, and subsequently rendered a decision on December 28, 2007, in favor of the plaintiff. Complainants argued the judge was ignorant of the rule on the computation of periods when the last day is a Saturday. In her comment, Judge De Vera contended the complaint was harassment, asserted the position paper was filed on the 12th day, claimed any error was in good faith, and challenged the conduct of Atty. Martinez.
ISSUE
Whether respondent Judge Grace Gliceria F. De Vera is administratively liable for Gross Ignorance of the Law for denying the admission of the complainants’ position paper on the ground it was filed out of time, despite the last day of the filing period falling on a Saturday.
RULING
Yes, the Supreme Court found Judge De Vera guilty of Gross Ignorance of the Law. The Court held that the rule on the computation of periods, specifically Section 1, Rule 22 of the Rules of Court, which states that if the last day is a Saturday, the time shall not run until the next working day, is a basic and elementary legal provision. A judge’s failure to apply such a fundamental rule constitutes gross ignorance, even in the absence of bad faith, malice, or corrupt motive. The Court adopted the recommendation of the Office of the Court Administrator (OCA). Judge Grace Gliceria F. De Vera was FINED in the amount of Ten Thousand Pesos (₱10,000.00) with a STERN WARNING that a repetition of the same or similar offense shall be dealt with more severely.