A.M. No. RTJ-02-1673
August 11, 2004
Lessons Applicable: malice, bigamy
Laws Applicable: Article 204[7] RPC,
FACTS:
·
January 9, 1965: Crescencia Escoto contracted
marriage with Jorge de Perio, Jr., both Filipinos, solemnized before then Mayor
Liberato Reyna of Dagupan City
·
February 15, 1978: Jorge filed a Decree of
Divorce in Texas
·
June 4, 1987: Crescencia Escoto using the name Lucena
Escoto married Manuel P. Diego before the Rev. Fr. Godoy, parish priest of
Dagupan City
·
The sister of Manuel P. Diego filed a criminal
case of bigamy against Escoto
·
RTC: Acquittal since state failed to prove guilt
beyond whisper of a doubt and gave credence to the defense of the accused that
she acted without any malicious intent for believing in good faith that her
marriage was already annulled by a foreign judgment
·
An administrative case is filed against Judge
Silverio Q. Castillo for Knowingly rendering an unjust judgment under Article
204[7] of the Revised Penal Code
ISSUE: W/N Castillo should be liable against Article 204[7]
of the Revised Penal Code
HELD: NO. Regional Trial Court Judge Silverio Q. Castillo is
FINED P10,000 with a STERN WARNING that a repetition of the same or similar
acts will be dealt with more severely
·
The law requires that
o
(a) the offender is a judge;
o
(b) he renders a judgment in a case submitted to
him for decision;
o
(c) the judgment is unjust;
o
(d) he knew that said judgment is unjust
·
even assuming that a judge erred in acquitting
an accused, he still cannot be administratively charged lacking the element of
bad faith, malice or corrupt purpose
·
As a matter of public policy then, the acts of a
judge in his official capacity are not subject to disciplinary action, even
though such acts are erroneous.
·
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.
·
error committed by respondent Judge being gross
and patent, the same constitutes ignorance of the law of a nature sufficient to
warrant disciplinary action
