G.R. No. RTJ-94-1135 January 29, 1998
Salam Naga Pangadapun, complainant, vs. Judge Amer R. Ibrahim, RTC, Branch 9, Marawi City, respondent.

FACTS

Complainant Salam Naga Pangadapun charged respondent Judge Amer R. Ibrahim with gross ignorance of the law, serious misconduct, and grave abuse of authority. The charges stemmed from an order issued by the respondent judge on June 29, 1993, directing the release of Lominog Bilao (alias Rolly Bilao), who had been convicted of attempted murder and grave threats in a decision dated February 26, 1993. The decision was promulgated in absentia on March 30, 1993. The complainant alleged that the release order was issued after the judgment had become final and executory, as Bilao had been arrested and committed to jail on June 26, 1993. She further contended that the order was issued on a declared Muslim public holiday, that there is no petition for relief from judgment in a criminal case, and that the issuance reflected gross ignorance of the law. The complainant also expressed fear for her and her family’s safety due to Bilao’s release. In his defense, the respondent judge explained that he entertained doubts about whether the accused had actually received a copy of the decision, as claimed in the process server’s return, especially given the accused’s allegation in his motion for new trial/reconsideration that he only learned of the judgment upon his arrest. The judge reinstated the bail bond provisionally and set the motion for hearing. He subsequently modified the release order on July 5, 1993, cancelling the bond and ordering Bilao’s re-arrest, and later denied the motion for new trial/reconsideration on July 28, 1993. The respondent also stated he was unaware that June 29, 1993, was declared a local Muslim holiday, as no copy of the proclamation was furnished to the court.

ISSUE

Whether respondent Judge Amer R. Ibrahim is administratively liable for gross ignorance of the law, serious misconduct, and grave abuse of authority for issuing the order of release on June 29, 1993.

RULING

The Court exonerated respondent Judge Amer R. Ibrahim and dismissed the administrative charges. The Court, adopting the findings and recommendation of the Investigating Justice, held that:
1. The judgment of conviction had not become final and executory as of June 29, 1993. The accused was merely arrested and confined pursuant to an order after promulgation; he had not voluntarily and knowingly commenced serving his sentence. The respondent judge acted correctly in setting the motion for hearing to verify the claim of non-receipt of the decision.
2. The bail bond could be validly reinstated. The order of confiscation was provisional, and no final judgment against the bond had been rendered as of June 29, 1993. The court retains the power to set aside or modify such a judgment.
3. The issuance of the order on June 29, 1993, was not grossly erroneous or improper. The respondent judge and another judge of the same court were not furnished a copy of the proclamation declaring it a Muslim holiday and were unaware of it, conducting court hearings on that day.
The Court found no factual or legal basis to hold the respondent judge administratively liable. It also noted that the complainant had reconciled with the respondent judge.