SC fines judge for allowing bail

The Supreme Court recently warned judges to desist from granting bail to any person whose case is pending in another court, unless the judge handling such case is absent or unavailable.

The SC en banc, presided by Chief Justice Hilario Davide Jr., showed the seriousness of this matter when it decided to slap retired judge Patrocinio Corpuz -formerly of the Regional Trial Court in Pampanga- with a fine of P40,000 for committing such a violation during his term.

The rules of court provide that an application for bail maybe filed in court where the case is pending or, in the absence or unavailability of the judge, with another branch of the same court in the province, city or town.

Corpuz was charged with grave abuse of authority by a certain Amado de Leon, when he granted bail to Noe dela Fuente, who was then facing 28 counts of estafa and bouncing-check cases at the Municipal Trial Court Branch 2 in Guagua, Pampanga, under judge Jesusa Mylene Suba-Isip.

The SC confirmed that Suba-Isip was available to hear the bail motion of Dela Fuente but the latter decided to secure bail from Corpuz, a judge of the RTC.

Corpuz did not argue the claims that Suba-Isip was in her chamber on April 12, 2002 when he granted bail to Dela Fuente.

The SC said that if Suba-Isip was unavailable that time, then Dela Fuente should have filed his bail bid at another branch of the MTC, not the RTC, and within Pampanga.

"In granting bail, it is imperative that a judge be conversant with the procedures provided by the rules and basic principles. A judge presiding over a court of law must not only apply the law but must also live by it," the SC ruled.

The SC justices said Corpuz "should have called judge Suba-Isip and inquired whether she is absent or unavailable before he acted on the application for bail of Dela Fuente." Corpus was already retired when the SC ruled on this so the fine slapped against him will be deducted from his retirement benefits. - Rene U. Borromeo