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In just one day
last June 19, the Supreme Court, using its per curiam (undisclosed writer of the
opinion) powers, fired two judges, one from the Regional Trial Court of Cagayan
de Oro City and the other from the Municipal Trial Court in San Mateo, Isabela.
The
two judges were dismissed for gross ignorance of the law. The RTC judge committed
several procedural lapses while handling a case involving the shipment of illegally
cut timber products from Cagayan de Oro City to Cebu. The case records showed
that he also repeatedly interrupted the lawyers during trial, and utterance of
"shut up," "that's baloney," "how dare you say that the
court is wrong," "what kind of a lawyer are you?," and "the
problem with you people is you do not use your heads" are undignified and
very unbecoming a judge.
The
High Tribunal noted that in an earlier administrative case, he was already reprimanded
for repeatedly saying "shut up," being arrogant, and declaring that
he had "absolute power" in court.
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On
the other hand, the MTC judge was dismissed for granting, on the second time,
the bail bond posted by an accused who has a pending warrant of arrest before
the RTC. The
High Tribunal finds him liable for gross ignorance of the law and for violation
of Court directives. Section 17(a), Rule 114 of the Rules of Court provides:
"Sec.
17. Bail, where filed. - (a) Bail in the amount fixed may be filed with the court
where the case is pending, or in the absence or unavailability of the judge thereof,
with any regional trial judge, metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge in the province, city, or municipality. If the
accused is arrested in a province, city, or municipality other than where the
case is pending, bail may also be filed with any regional trial court of said
place, or if no judge thereof is available, with any metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge therein.
In
Cruz v. Judge Yaneza 363 Phil 629, it was ruled that there are pre-requisites
to be complied with. First, the application for bail must be filed in the court
where the case is pending. In the absence or unavailability of the judge thereof,
the application for bail must be filed with another branch of the same court within
the province or city. Second,
if the accused is arrested in a province, city or municipality other than where
the case is pending, bail may be filed with any RTC of the place.
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Tagbilaran
was chartered as a city on July 1, 1966 by virtue of Republic Act No. 4660 otherwise
known as the Charter of the City of Tagbilaran. Tuesday is a non-working special
public holiday for the City of Tagbilaran by virtue of Republic Act No. 8267 which
was signed into law by then Pres. Fidel Ramos on Feb. 20, 1997.
On
Feb. 9, 1742, Tagbilaran, which then a part of the Municipality of Baclayon, was
decreed and made into a separate town by Governor-General Gaspar dela Torre.
As
usual, the city's charter day will kick off the month-long Sandugo celebration
with the opening of the Sandugo Trade, Agricultural and Food Fairs at the Tagbilaran
City Hall Compound.
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For
the nth time, the Philippines, including this island province, will be brought
to a stand still this morning as Manny Pacquiao battles David Diaz at the Mandalay
Bay Hotel in Las Vegas, Nevada.
The
fight will be televised live on HBO's pay per view. Diaz, the reigning WBC lightweight
title holder looks to disrupt any plans that the three-time champ Pacquiao may
have of getting another world title belt in a fourth weight division.
Although
Diaz has defeated the likes of Armando Santa Cruz and Eric Morales, he will be
facing his toughest task as he takes on the Pacman. Happy viewing!
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