LEGAL NOTE 0050: WHAT IS GROSS IGNORANCE OF THE LAW?

 

SOURCE: ATTY. RAFAEL T. MARTINEZ, AND SPOUSES DAN AND EDNA REYES VS. JUDGE GRACE GLICERIA F. DE VERA, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, SAN CARLOS CITY,PANGASINAN (A.M. NO. MTJ-08-1718, 16 MARCH 2011, CARPIO, J.)  SUBJECT: GROSS IGNORANCE OF THE LAW. (BRIEF TITLE: ATTY MARTINEZ ET AL VS. JUDGE DE VERA)

 

WHAT IS GROSS IGNORANCE OF THE LAW?

To constitute gross ignorance of the law, it is not enough that the subject decision, order or actuation of respondent judge in the performance of her official duties is contrary to existing law and jurisprudence but, most importantly, she must be moved by bad faith, fraud, dishonesty or corruption. Good faith and absence of malice, corrupt motives or improper considerations are sufficient defenses in which a judge charged with ignorance of the law can find refuge.29

 

CAN THE JUDGE MAKE AS AN EXCUSE THE INEFFICIENCY OF HIS COURT PERSONNEL?

NO.

Judge De Vera would do well to keep in mind that “[a] judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity.”30 A judge cannot take refuge behind the inefficiency or mismanagement by court personnel. Proper and efficient court management is as much her responsibility. She is the one directly responsible for the proper discharge of her official functions.31

 

CAN FILING AN ADMINISTRATIVE CASE AGAINST THE JUDGE A REMEDY TO CORRECT  AN ERRONEOUS ORDER OR DECISION?

NO.

Complainants should also bear in mind that an administrative complaint is not the appropriate remedy for every irregular or erroneous order or decision issued by a judge where a judicial remedy is available, such as a motion for reconsideration, an appeal, or a petition for certiorari. Disciplinary proceedings against a judge are not complementary or suppletory to, nor a substitute for these judicial remedies whether ordinary or extraordinary. For, obviously, if subsequent developments prove the judge’s challenged act to be correct, there would be no occasion to proceed against her at all. Besides, to hold a judge administratively accountable for every erroneous ruling or decision rendered, assuming she has erred, would be nothing short of harassment and would make her position doubly unbearable.32

* Designated additional member per Special Order No. 933 dated 24 January 2011.

1 Rollo, pp. 609-611.

2 Id. at 1-6.

3 Id. at 112.

4 Id. at 114-116.

5 Id. at 196-203.

6 Id. at 210-265.

7 Id. at 473-506.

8 Now Supreme Court Justice.

9 Rollo, p. 612.

10 Id. at 628.

11 Id. at 639-743.

12 Id. at 1528.

13 Id. at 1529-1538.

14 Id. at 1553-1558.

15 Id. at 1677-1706.

16 Id. at 1688.

17 Id. at 1689-1690.

18 Id. at 1597-1598.

19 Id. at 1712-1713.

20 Under Chapter VII, D.2 of the 2002 Revised Manual for Clerks of Court, Clerk III Soriano had the following functions:

2.1.12.1. Receives and dockets cases filed with the Court;

2.1.12.2. Receives and records all pleadings, documents and communications pertaining to the Court;

2.1.12.3. Refers to the Clerk of Court or Branch Clerk of Court all cases, pleadings, documents and communications received;

2.1.12.4. Takes charge of all mail matters and maintains a systematic filing of criminal, civil, special civil actions, land registration and administrative cases;

2.1.12.5. Maintains and keeps custody of record books on pending cases, record book on disposed cases, books on appealed cases;

2.1.12.6. Checks and verifies in the docket book applications for clearances and certifications;

2.1.12.7. Prepares weekly reports to the court on the status of individual cases;

2.1.12.8. Checks and reviews exhibits and other documents to be attached to records on appeal;

2.1.12.9. Keeps record book on warrants of arrest issued, record book on accused persons who are at-large, and record book on judgment against bail bonds;

2.1.12.10. Prepares subpoenas, notices, processes, and communications for the signature of the Judge and/or the Clerk of Court;

2.1.12.11. Releases decisions, orders, processes, subpoenas and notices as directed by the Judge or Clerk of Court by delivering them in addressed envelopes and with return cards to the process server for service or mailing; and

2.1.12.12. Performs other duties that may be assigned to him.

21 Rollo, pp. 1714-1716.

22 Id. at 1719-1720.

23 Id. at 1725-1727.

24 Id. at 1730-1732.

25 Id. at 1731-1732.

26 Id. at 1529-1534.

27 Id. at 1529-1531.

28 Rule 3.08, Code of Judicial Conduct.

29 Lumbos v. Baliguat, A.M. No. MTJ-06-1641, 27 July 2006, 496 SCRA 556, 573 (citations omitted).

30 Rule 3.09, Code of Judicial Conduct.

31 Nidua v. Lazaro, A.M. No. R-465 MTJ, 29 June 1989, 174 SCRA 581, 586.

32 De Vega v. Asdala, A.M. No. RTJ-06-1997, 23 October 2006, 505 SCRA 1, 5 citing De Guzman v. Pamintuan, A.M. No. RTJ-02-1736, 26 June 2003, 405 SCRA 22.