Office of The Court Administrator V Judge Dumayas, A.M. RTJ-15-2435, 6 Mar 2018
Office of The Court Administrator V Judge Dumayas, A.M. RTJ-15-2435, 6 Mar 2018
id=224
Philippine Supreme Court Jurisprudence > Year 2018 > March 2018
Decisions > A.M. No. RTJ-15-2435 (Formerly A.M. No. 15-08-246-RTC),
ChanRobles Professional
March 06, 2018 - OFFICE OF THE COURT ADMINISTRATOR, Complainant,
Review, Inc.
v. JUDGE WINLOVE M. DUMAYAS, BRANCH 59, REGIONAL TRIAL COURT,
MAKATI CITY, Respondent.:
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EN BANC
DECISION
PER CURIAM:
This case stemmed from the charges against respondent Judge Winlove
M. Dumayas of Branch 59, Regional Trial Court (RTC), Makati City, for
allegedly rendering a decision without citing the required factual and legal
bases and by ignoring the applicable jurisprudence, which constitutes
gross misconduct and gross ignorance of the law. The antecedents of the
case at bar are as follows: In the July 7, 2015 issue of the Philippine Daily
Inquirer, Ramon Tulfo wrote an article entitled "What's Happening to
Makati Judges?," where he raised certain issues against three (3) Makati
City judges, one of whom is respondent Judge Dumayas for supposedly
ChanRobles CPA Review
imposing a light sentence against the accused in one criminal case, when
Online
he should have found them guilty of committing murder instead. Said
case is Criminal Case No. 12-2065, entitled People v. Juan Alfonso
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Abastillas, et al.
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III, warned him not to report the incident or note their plate number as
they were leaving the scene of the incident. Besides, two (2) other
Rockwell security guards testified that they apprehended the four (4)
accused in the vehicle as they were leaving the Rockwell Center before
they were turned over to the custody of the police. In appreciating said
ordinary mitigating circumstance, Judge Dumayas never cited any factual
or legal reason to justify the same, as there was nothing in the record
that supports his conclusion. In fact, the evidence presented show
otherwise. By deliberately not explaining in his Decision how he arrived at
his conclusion that Dela Paz and Datu III voluntarily surrendered, Judge
In a Resolution dated August 25, 2015, the Court En Banc directed Judge
Dumayas to show cause why no disciplinary action should be taken
against him for ignoring existing jurisprudence on unlawful aggression
and for inappropriately appreciating the ordinary mitigating circumstance
of voluntary surrender without citing any basis, when he rendered his
Decision dated July 2, 2014 in Criminal Case No. 12-2065.
In his Compliance dated October 18, 2015, Judge Dumayas argued that
judges cannot be held civilly, criminally, and administratively liable for any
of their official acts, no matter how erroneous, as long as they act in good
faith. He vehemently denied having conveniently ignored the existing
jurisprudence on unlawful aggression. He explained that his ruling was
based on the fact that the mortal wound on Anikow's neck was inflicted
when there was still unlawful aggression on his part against the accused,
which placed the latter in legitimate self-defense. It was only after the
first fist fight that Anikow ran away.
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xxxx
xxxx
A: Yes sir. 2
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On April 18, 2017, the OCA recommended the imposition of the extreme
penalty of dismissal, thus:
RESPECTFULLY SUBMITTED.3
The Court finds no cogent reason to depart from the findings and
recommendations of the OCA.
It is clear that Judge Dumayas failed to hear and decide the subject case
with the cold neutrality of an impartial judge. As aptly found by the OCA
after its exhaustive investigation, first, Judge Dumayas downgraded the
offense charged from murder to homicide. Second, he inappropriately
appreciated the privileged mitigating circumstance of self-defense and the
ordinary mitigating circumstance of voluntary surrender despite the
overwhelming testimonial and physical evidence to the contrary. Third, he
sentenced Dela Paz and Datu III to suffer an indeterminate penalty of
March-2018 Jurisprudence imprisonment of four (4) years, two (2) months, and one (1) day, as
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RAINIER M. LOVENDINO, To quote again from the February 21, 2013 Resolution of the
COURT AIDE OF THE Court, "No Less than the sworn statement of the eyewitness
REGIONAL TRIAL COURT, Saavedra was explicit on this account."
BRANCH 76, SAN MATEO,
"x x x x at nagulat na lang ako ng may kumalabog
RIZAL, Respondent.
at nakita ko na hinampas nitong foreigner gamit
ang kanyang kamay ang gawing kaliwa ng
A.M. No. 15-11-01-SC,
sasakyan, at napatigil ang sasakyan at bumaba
March 06, 2018 - RE:
ang apat na lalaking sakay nito, at ito naman
APPLICATION FOR OPTIONAL
foreigner ay sumugod papalapit sa apat, at ako
RETIREMENT UNDER
naman ay umawat at namagitan at don
REPUBLIC ACT NO. 910, AS
nakakasalitaan na at galit na din itong apat na
AMENDED BY REPUBLIC ACT
lalaki, at don biglang sinugod at sinuntok ni
NO. 5095 AND REPUBLIC
foreigner ang isa sa apat at nagkagulo na, at ako
ACT NO. 9946, OF
naman at sige pa rin sa ka-aawat at ini-iwas ko rin
ASSOCIATE JUSTICE MARTIN
ang aking hawak na shot gun dahil baka ito ay ma-
S. VILLARAMA, JR.
agaw sa akin at don tumakbo na itong foreigner
papalayo sa direksyon ng Burgos, mga 30 meters
G.R. No. 220926, March 21,
siguro ang estimate ko na nilayo niya at sumugod
2018 - LUIS JUAN L. VIRATA
pa ang dalawa sa suspect, samantalang yung
AND UEM-MARA
dalawa pang suspect ay naiwan sa tabi ng Volvo
PHILIPPINES CORPORATION
nila nang abutan nila ang foreigner ay
(NOW KNOWN AS CAVITEX
nagakasuntokan pa uli hanggang sa bumagsak ang
INFRASTRUCTURE
foreigner there be actual and positive attack."
CORPORATION), Petitioners,
[Exhibit "C," emphasis supplied]
v. ALEJANDRO NG WEE,
WESTMONT INVESTMENT In fine, the prosecution's own evidence clearly and
CORP., ANTHONY T. REYES, convincingly proves: (1) unlawful aggression on the part of
SIMEON CUA, VICENTE Anikow, the primordial element of self-defense; and (2) lack of
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CORP., WESTMONT
Accused Abastillas did not invoke self-defense but
INVESTMENT CORP., MARIZA
attempted to cast doubt on the prosecution's evidence
SANTOS-TAN, SIMEON CUA,
that he inflicted the fatal wound on the neck of Anikow and
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G.R. No. 223451, March 14, It is settled that self-defense is an affirmative allegation and offers
2018 - ANTONIO F. exculpation from liability for crimes only if timely invoked and
TRILLANES IV, Petitioner, v. satisfactorily proved. When the accused admits the act charged but
HON. EVANGELINE C. interposes a lawful defense, the order of trial may be modified7 and the
CASTILLO-MARIGOMEN, IN burden shifts to the accused to prove that he indeed acted in self-defense
HER CAPACITY AS by establishing the following with clear and convincing evidence: (1)
PRESIDING JUDGE OF THE unlawful aggression on the part of the victims; (2) reasonable necessity
REGIONAL TRIAL COURT, of the means employed to prevent or repel the aggression; and (3) lack
QUEZON CITY, BRANCH 101 of sufficient provocation on his part. Self-defense cannot be justifiably
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AND ANTONIO L. TIU, appreciated when it is extremely doubtful by itself. Indeed, in invoking
Respondents. self-defense, the burden of evidence is shifted and the accused claiming
self-defense must rely on the strength of his own evidence and not on the
G.R. No. 178083, March 13, weakness of the prosecution.8 Without a doubt, respondent judge seems
2018 - FLIGHT ATTENDANTS to have forgotten this established legal principle.
AND STEWARDS
In his Compliance, Judge Dumayas never denied the existence of
ASSOCIATION OF THE
evidence showing that Anikow fled from the accused after the first fist and
PHILIPPINES (FASAP),
after that the accused went after him. But he claims that the fatal wound
Petitioner, v. PHILIPPINE
was inflicted on Anikow during the first scuffle when the aggression on his
AIRLINES, INC., PATRIA
part was still existing, which placed the accused in legitimate self-
CHIONG AND THE COURT OF
defense. In his Decision, however, it is clear that he appreciated the
APPEALS, Respondents.;
existence of the mitigating circumstance of incomplete self-defense even
A.M. No. 11-10-1-SC, March
without the accused invoking and proving the same, simply because the
13, 2018 - IN RE: LETTERS
prosecution itself clearly and convincingly proved the existence of
OF ATTY. ESTELITO P.
unlawful aggression and lack of sufficient provocation from any of the
MENDOZA RE: G.R. NO.
accused. His complete disregard of the settled rules and jurisprudence on
178083 - FLIGHT
self-defense and of the events that transpired after the first fight, despite
ATTENDANTS AND
the existence of testimonial and physical evidence to the contrary, in the
STEWARDS ASSOCIATION
appreciation of the privileged mitigating circumstance of incomplete self-
OF THE PHILIPPINES
defense casts serious doubt on his impartiality and good faith. Such doubt
(FASAP) VS. PHILIPPINE
cannot simply be brushed aside despite his belated justification and
AIRLINES, INC., ET AL.
explanation.
G.R. No. 216014, March 14, Under Canon 3 of the New Code of Judicial Conduct, impartiality applies
2018 - PEOPLE OF THE not only to the decision itself, but also to the process by which the
PHILIPPINES, Plaintiff- decision is made. When Judge Dumayas chose to simply ignore all the
Appellee, v. EDWIN evidence showing that the accused still pursued Anikow after the latter
SANCHEZ Y SALVO A.K.A. had already run away, not even bothering to explain the irrelevance or
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"DADA," Accused-Appellant. lack of weight of the same, such act necessarily put the integrity of his
entire Decision in question.
G.R. No. 233489, March 07,
Likewise, his failure to cite in the Decision his factual and legal bases for
2018 - SPOUSES LARRY AND
finding the presence of the ordinary mitigating circumstance of voluntary
FLORA DAVIS, Petitioners, v.
surrender is not a mere matter of judicial ethics. No less than the
SPOUSES FLORENCIO AND
Constitution provides that no decision shall be rendered by any court
LUCRESIA DAVIS,
without expressing clearly and distinctly the facts and the law on which it
Respondents.
is based.9 The Court cannot simply accept the lame excuse that Judge
Dumayas failed to cite said bases due to a mere oversight on his part that
G.R. No. 232189, March 07,
was made in good faith.
2018 - ALEX RAUL B. BLAY,
Petitioner, v. CYNTHIA B. Moreover, even if Judge Dumayas' explanation to such omission was
BAÑA, Respondent. acceptable, he still failed to sufficiently justify why he appreciated the
ordinary mitigating circumstance of voluntary surrender on the part of the
G.R. No. 230070, March 14, accused. For voluntary surrender to be appreciated, the following
2018 - PEOPLE OF THE requisites must be present: 1) the offender has not been actually
PHILIPPINES Plaintiff- arrested; 2) the offender surrendered himself to a person in authority or
Appellee, v. NESTOR AÑO Y the latter's agent; and 3) the surrender was voluntary. The essence of
DEL REMEDIOS, Accused- voluntary surrender is spontaneity and the intent of the accused to give
Appellant. himself up and submit himself to the authorities either because he
acknowledges his guilt or he wishes to save the authorities the trouble
G.R. No. 217974, March 05,
and expense that may be incurred for his search and capture.10 In the
2018 - PEOPLE OF THE
case at bar, it was not shown from the evidence presented that the
PHILIPPINES, Plaintiff-
accused intended to surrender and admit the commission of the crime;
Appellee, v. RESURRECION
they did not even invoke self-defense during trial. On the contrary and far
JUANILLO MANZANO, JR.
from being spontaneous, security guard Saavedra even testified that
AND REZOR JUANILLO
accused warned him not to report the incident or note their plate number
MANZANO, ACCUSED,
as they were fleeing the scene of the incident.
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REZOR JUANILLO MANZANO, Indeed, it is settled that, unless the acts were committed with fraud,
Accused-Appellant. dishonesty, corruption, malice or ill-will, bad faith, or deliberate intent to
do an injustice, the respondent judge may not be administratively liable
OCA IPI No.17-4663-RTJ, for gross misconduct, ignorance of the law, or incompetence of official
March 07, 2018 - ATTY. acts in the exercise of judicial functions and duties, particularly in the
BERTENI C. CAUSING AND adjudication of cases.11 However, when the inefficiency springs from a
PERCIVAL CARAG MABASA, failure to recognize such a basic and fundamental rule, law, or principle,
Complainants, v. PRESIDING the judge is either too incompetent and undeserving of the position and
JUDGE JOSE LORENZO R. title vested upon him, or he is too vicious that he deliberately committed
DELA ROSA, REGIONAL
the oversight or omission in bad faith and in grave abuse of authority.12
TRIAL COURT, BRANCH 4,
Here, the attendant circumstances would reveal that the acts of Judge
MANILA, Respondent.
Dumayas contradict any claim of good faith. And since the violated
constitutional provision is so elementary, failure to abide by it constitutes
A.C. No. 9257 (Formerly
gross ignorance of the law, without even a need for the complainant to
CBD Case No. 12-3490),
prove any malice or bad faith on the part of the judge.
March 05, 2018 - EDGAR M.
RICO, Complainant, v. ATTY. Corollarily, the Court finds Judge Dumayas guilty of gross ignorance of the
Respondent.
Gross ignorance of the law is the disregard of basic rules and settled
jurisprudence. A judge may also be administratively liable if shown to
G.R. No. 231983, March 07,
have been motivated by bad faith, fraud, dishonesty or corruption in
2018 - PEOPLE OF THE
ignoring, contradicting or failing to apply settled law and jurisprudence.
PHILIPPINES, Plaintiff-
Though not every judicial error bespeaks ignorance of the law and that, if
Appellee, v. CRISPIAN
committed in good faith, does not warrant administrative sanction, the
MERCED LUMAYA A.K.A.
same applies only in cases within the parameters of tolerable
"IPYANG", AND DEREK
misjudgment. Such, however, is not the case with Judge Dumayas. Where
JOSEPH LUMAYA, ACCUSED,
the law is straightforward and the facts so evident, failure to know it or to
CRISPIAN MERCED LUMAYA
act as if one does not know it constitutes gross ignorance of the law. A
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A.K.A. "IPYANG", Accused- judge is presumed to have acted with regularity and good faith in the
Appellant. performance of judicial functions. But a blatant disregard of a clear and
unmistakable provision of the Constitution upends this presumption and
A.M. No. RTJ-15-2435 subjects the magistrate to corresponding administrative sanctions.13
(Formerly A.M. No.
For liability to attach for ignorance of the law, the assailed order, decision
15-08-246-RTC), March 06,
or actuation of the judge in the performance of official duties must not
2018 - OFFICE OF THE
only be found erroneous but, most importantly, it must also be
COURT ADMINISTRATOR,
established that he was moved by bad faith, dishonesty, hatred, or some
Complainant, v. JUDGE
other similar motive. Judges are expected to exhibit more than just
WINLOVE M. DUMAYAS,
cursory acquaintance with statutes and procedural laws. They must know
BRANCH 59, REGIONAL
the laws and apply them properly in all good faith. Judicial competence
TRIAL COURT, MAKATI CITY,
requires no less. Thus, unfamiliarity with the rules is a sign of
Respondent.
incompetence. Basic rules must be at the palm of his hand. When a judge
displays utter lack of familiarity with the rules, he betrays the confidence
A.C. No. 7186, March 13,
of the public in the courts. Ignorance of the law is the mainspring of
2018 - ROMEO A. ZARCILLA
injustice. Judges owe it to the public to be knowledgeable, hence, they
AND MARITA BUMANGLAG,
are expected to have more than just a modicum of acquaintance with the
Complainants, v. ATTY. JOSE
C. QUESADA, JR., statutes and procedural rules; they must know them by heart.14
Respondent.
Although a judge may not always be subjected to disciplinary actions for
every erroneous order or decision he issues, that relative immunity is not
G.R. No. 208651, March 14,
a license to be negligent or abusive and arbitrary in performing his
2018 - PEOPLE OF THE
adjudicatory prerogatives. If judges wantonly misuse the powers granted
PHILIPPINES, Plaintiff-
to them by the law, there will be, not only confusion in the administration
Appellee, v. ROMEO ANTIDO
of justice, but also oppressive disregard of the basic requirements of due
Y LANTAYAN A.K.A. ROMEO
process. For showing partiality towards the accused, Judge Dumayas can
ANTIGO Y LANTAYAN ALIAS
be said to have misused said powers.
"JON-JON", Accused-
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Petitioner, v. COMMISSIONER
To hold a judge administratively liable for gross misconduct, ignorance of
OF INTERNAL REVENUE,
the law or incompetence of official acts in the exercise of judicial functions
Respondent.
and duties, it must be shown that his acts were committed with fraud,
dishonesty, corruption, malice or ill-will, bad faith, or deliberate intent to
G.R. No. 215749, March 14,
do an injustice.17 The Court has repeatedly and consistently held that the
2018 - PEOPLE OF THE
judge must not only be impartial but must also appear to be impartial as
PHILIPPINES, Plaintiff-
an added assurance to the parties that his decision will be just. The
Appellee, v. DANNY
litigants arc entitled to no less than that. They should be sure that when
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BANAYAT, Accused-Appellant. their rights are violated they can go to a judge who shall give them
justice. They must trust the judge, otherwise they will not go to him at
G.R. No. 230020, March 19, all. They must believe in his sense of fairness, otherwise they will not
2018 - PETER L. SO, seek his judgment. Without such confidence, there would be no point in
Petitioner, v. PHILIPPINE invoking his action for the justice they expect.18
DEPOSIT INSURANCE
Interestingly, Judge Dumayas has the following administrative cases filed
CORPORATION, Respondent.
against him:
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INSUBORDINATION OF
Case
UTILITY WORKER I Sept. Grave Abuse
Fabularum, Dismissed
CATALINA Z. CAMASO, 8. 13-4140-RTJ 24, of Discretion
Alberto DC (June 25,
OFFICE OF THE CLERK OF 2013 and Bias
2014)
COURT, RTC.
PDIC rep. by Nov. Gross
G.R. No. 225309, March 06, 9. Atty. R. 13-4162-RTJ 21, Ignorance of Pending
2018 - ROSARIO ENRIQUEZ Mendoza, Jr. 2013 the Law
VDA. DE SANTIAGO,
Gross
Petitioner, v. ANTONIO T.
Ignorance of
VILAR, Respondent.; G.R.
PCSO rep. by Nov. the Law,
No. 225546, , March 06,
10. Atty. J.F. RTJ-16-2477 27, Grave Abuse Pending
2018 - GOVERNMENT
Rojas II 2013 of Authority,
SERVICE INSURANCE
Gross Neglect
SYSTEM (GSIS), Petitioner, v.
of Duty
ANTONIO T. VILAR,
Respondent. Knowingly
Nov.
Tanjutco, Rendering
11. 14-4332-RTJ 10, Pending
G.R. No. 213669, March 05, Carolina Unjust
2014
2018 - JEROME K. SOLCO, Judgment
Petitioner, v. MEGAWORLD
CORPORATION, Respondent. Gross
Ignorance of
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APO FRUITS CORPORATION, Carpio,* Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Perlas-
Respondent. Bernabe, Leonen, Jardeleza, Caguioa, Martires, Tijam, Reyes, Jr., and
Gesmundo, JJ., concur.
G.R. No. 225695, March 21, Sereno, C.J., on leave.
2018 - IRENEO CAHULOGAN, Velasco, Jr., J., inhibit due to relation to a party.
Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
PHILIPPINES, Plaintiff-
Appellee, v. JOEY SANCHEZ
Y LICUDINE, Accused-
Endnotes:
Appellants.
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3 Id. at 57.
G.R. No. 197743, March 12,
2018 - HEIRS OF JOSE 4 RTC Decision in Criminal Case No. 12-2065, dated July 2,
MARIANO AND HELEN S.
2014, records, p. 904.
MARIANO, REPRESENTED BY
DANILO DAVID S. MARIANO, 5 Id. at 918-919.
B. SANTUYO, Petitioners, v.
13 Id.
CITY OF NAGA, Respondent.
14Id.
A.M. No. P-17-3659, March
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COMPLAINT AGAINST
16 Office of the Ombudsman v. De Zosa, et al., 751 Phil. 293,
EMELIANO C. CAMAY, JR.,
UTILITY WORKER I, BRANCH 300 (2015).
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MANGONDAYA [HADJI
ABDULLATIF), Petitioner, v.
NAGA AMPASO, Respondent.
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PHILIPPINES, Plaintiff-
Appellee, v. NELSON NUYTE
Y ASMA, Accused-Appellant.
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INC., Respondent.
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ZUELO APOSTOL,
Respondents.
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Petitioners, v. VIRGINIA
PASCUA, M.D., Respondent.
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