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Cebu News

Judge fined for ignorance of law

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The Supreme Court reminded judges of their duty to keep abreast with the law, rules of court and the latest jurisprudence after it  sanctioned a judge who issued a warrant of arrest to a respondent of a case that only carries the penalty of a mere fine.

Chief Justice Reynato Puno who presides the Supreme Court’s first division slapped Municipal Trial Court Judge Elpidio Calis with a P5,000 fine with a stern warning that a repetition of the offense will be dealt with more severely.

The Office of the Court Administrator has found meritorious the complaint of Richard Si who was ordered arrested by said judge after he was charged with Reckless Imprudence Resulting to Damage to Property.

The records showed that Si accidentally hit a vehicle said to be owned by a friend of the judge who quickly filed a case against him before the court branch presided by Calis.

The rules of criminal procedure provide that a warrant of arrest shall not be issued to a respondent of a case that is punishable only by a fine.

Calis maintained that his move was in accordance with law and jurisprudence, but later he told the High Court that the matter was merely an oversight on his part and the complainant should have raised an objection through a motion to quash the warrant.

The High Court said an oversight of a new provision of the law or the rules is not a valid excuse from performing this duty.

“It is the duty of judges to keep themselves abreast of the law and the rules of court and the latest jurisprudence, for ignorance of the law on their part is the mainspring of injustice,” the Supreme Court ruled.  Rene U. Borromeo/BRP

 

vuukle comment

CALIS

CHIEF JUSTICE REYNATO PUNO

COURT

HIGH COURT

MUNICIPAL TRIAL COURT JUDGE ELPIDIO CALIS

OFFICE OF THE COURT ADMINISTRATOR

RECKLESS IMPRUDENCE RESULTING

SUPREME COURT

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