MARILOU CASAS USAMA vs. (RET.) HON. OSCAR D. TOMARONG
- G.R. Number: G.R. No. 154213
- Promulgated: 2023-03-08
- Ponente: ROSARIO, J.
Doctrine
## Facts of the Case Marilou Casas Usama filed a complaint against (Ret.) Hon. Oscar D. Tomarong, Presiding Judge of RTC-Branch 28, Liloy, Zamboanga Del Norte, for Gross Ignorance of the Law, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service. The complaint stemmed from two incidents involving Alson Chan, who was implicated in the death of Usama's husband, PO1 Mirdan Usama, during a shooting incident on May 4, 2016. First, on May 5, 2016, a Muslim holiday, Judge Tomarong granted Alson Chan's "Application to Post Bail and to Release the Detained Person Pending Filing of Proper Information" without a hearing or notifying the prosecutor, fixing bail at P200,000.00. Subsequently, Alson Chan and his campaign volunteers were formally charged with Murder and other offenses. Second, in a later habeas corpus petition filed by Alson Chan's wife, Judge Tomarong ordered the release of Alson Chan and his campaign volunteers, who were not parties to the habeas corpus case, upon posting P200,000.00 bail each, even for cases yet to be filed. Judge Tomarong inhibited himself from the cases on July 26, 2016, and retired on April 1, 2019. ## Issues 1. Is respondent administratively liable for Gross Ignorance of the Law and Gross Misconduct for granting Alson Chan's bail application without a hearing and without notifying the Provincial Prosecutor? 2. Is respondent administratively liable for Gross Ignorance of the Law and Gross Misconduct for ordering the release of Alson Chan's campaign volunteers, who were not parties to the habeas corpus case, conditioned upon the posting of bail? ## Decision / Rationale **Issue 1:** The Court found respondent **administratively liable for Gross Ignorance of the Law and Gross Misconduct**. The Court emphasized that for offenses punishable by *reclusion perpetua* or life imprisonment, bail is a matter of discretion, and a hearing is required to determine if the evidence of guilt is strong. Judge Tomarong failed to notify the Provincial Prosecutor and did not conduct a hearing on Alson Chan's bail application, even though he was aware that Alson Chan was detained for a crime involving killing. His explanation that he "analyzed" the crime as homicide, a bailable offense, did not excuse the lack of a hearing. The Court held that a judge's patent disregard of elementary rules in granting bail constitutes **Gross Ignorance of the Law**. Furthermore, his failure to observe basic procedures demonstrated a flagrant disregard of the law, jurisprudence, and rules, constituting **Gross Misconduct**. **Issue 2:** The Court found respondent **administratively liable for Gross Ignorance of the Law and Gross Misconduct**. Judge Tomarong granted relief (release on bail) to individuals (Alson Chan's campaign volunteers) who were not parties to the *habeas corpus* case. The Court reiterated that the *habeas corpus* proceeding is not the proper forum for entertaining bail applications or ordering release upon posting bail, and that a petition for *habeas corpus* is not the appropriate vehicle for asserting a right to bail or vindicating its denial. Respondent's actions demonstrated a disregard for the scope and limitations of *habeas corpus* proceedings and the rules on bail, amounting to **Gross Ignorance of the Law**. His act of ordering the release of non-parties on bail, despite clear procedural rules, also showed a flagrant disregard of the law, forming the basis for **Gross Misconduct**. Given that respondent had already retired, the Court imposed a fine of P110,000.00 for each of the two separate acts, totaling P220,000.00, in lieu of suspension, applying **Revised Rule 140** retroactively. ## Doctrines - **Gross Ignorance of the Law:** Disregard of basic rules and settled jurisprudence, or failure to apply settled law and jurisprudence when motivated by bad faith, fraud, dishonesty, or corruption. Blatant disregard of clear statutory provisions and Supreme Court circulars subjects a magistrate to…
Keywords
Article 125 Revised Penal Code, Article 126 Revised Penal Code, Section 28(b) Republic Act No. 10591, Section 1 Republic Act No. 9616, Article 248 Revised Penal Code, Article 249 Revised Penal Code, Section 13 1987 Constitution, Section 7 Rule 114 Rules of Court, Section 8 Rule 114 Rules of Court, Section 18 Rule 114 Rules of Court, Rule 102 Section 1 Rules of Court, Revised Rule 140 Rules of Court Sections 17, 18, 21, 24, Gross Ignorance of the Law, Grave Misconduct, Retroactive Effect of Procedural Laws, Administrative case against Judges, Bail Application, Habeas Corpus, Judicial ethics and accountability, Inquest proceedings