EN BANC

A.M. No. RTJ-09-2173 -- Office of the Court Administrator, Complainant, versus Judge Benjamin P. Estrada, Regional Trial Court, Branch 9, Malaybalay City, Bukidnon, and Judge Josefina Gentiles-Bacal, RTC, Branch 10, Malaybalay City, Bukidnon, Respondents.

Promulgated:

January 18, 2011

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DISSENTING OPINION

ABAD, J.:

The MTCC of Malaybalay City was vacant. Several criminal cases have not been acted upon although they were ripe for dismissal. It is not clear if the accused were under detention.

Judge Benjamin P. Estrada, the former MTCC judge who was promoted as RTC judge, thought that he could act on that one case given the motion to dismiss the criminal action filed by the City Prosecutor. He thought in good faith that it was an administrative matter that he could still act on.

Judge Josefina Gentiles-Bacal, the Executive Judge, dismissed six of the criminal cases upon motion of the public prosecutor. Judge Bacal remanded two criminal cases to the City Prosecutor’s office considering that the accused were minors.

Since no temporary judge had been named and assumed office, I believe that the Executive Judge did not act with “gross” ignorance of the law prior to the designation of a pairing judge. She acted in good faith in disposing of the incidents to avoid the violation of the right of the accused to speedy trial or disposition of their cases.

I believe that a finding of indiscretion rather than gross ignorance of the law would be more appropriate in the two cases. I vote for a mere reprimand or at most a fine of P5,000.00.

ROBERTO A. ABAD

Associate Justice