28. Mamolo, Sr. vs. Narisma .pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 252 10)41 PM VOL 252 613 Mamolo Sr vs Narisma Adm Mat No MTJ-96-1072(OCA I.P.I

28. Mamolo, Sr. vs. Narisma .pdf - SUPREME COURT REPORTS...

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09/09/2017, 10)41 PMSUPREME COURT REPORTS ANNOTATED VOLUME 252Page 1 of 8VOL. 252, JANUARY 31, 1996613Mamolo, Sr. vs. NarismaAdm. Mat. No. MTJ-96-1072. January 31, 1996.*(OCA I.P.I. No. 95-34-MTJ).DANIEL MAMOLO, SR., complainant, vs.JUDGEROGELIO R. NARISMA, Municipal Circuit Trial Court, Br.1, Bansalan-Magsaysay, Davao del Sur, respondent.Criminal Procedure; Bail; Procedure of conducting a hearing onthe application for admission to bail should provide the basis forjudges to determine whether the prosecutionÊs evidence is weak orstrong.·The procedure of conducting a hearing on the applicationfor admission to bail should provide the basis for judges todetermine whether the prosecutionÊs evidene is weak or strong. Inthe case at bench, while respondent conducted a hearing onBalagotÊs petition for bail such proceeding did not elicit evidencefrom the prosecution to guide respondent in the properdetermination of the petition.Same; Same; In a bail hearing the judge is under legalobligation to receive evidence with the view of determining whetherevidence of guilt is so strong as to warrant denial of bail.·In Payaov. Lesacawe stressed that in a bail hearing the judge is under legalobligation to receive evidence with the view of determining whetherevidence of guilt is so strong as to warrant denial of bail.Administrative Law; Judges; Omission of respondentconstitutes gross ignorance of the law since it resulted in deprivingthe prosecution the time tested and enduring procedural due process.·The failure of respondent Judge to adhere to a basic, fundamentalprocedure cannot be lightly overlooked. As correctly perceived by
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09/09/2017, 10)41 PMSUPREME COURT REPORTS ANNOTATED VOLUME 252Page 2 of 8____________________________*FIRST DIVISION.614614SUPREME COURT REPORTS ANNOTATEDMamolo, Sr. vs. NarismaOCA, this omission by respondent constitutes gross ignorance of thelaw since it resulted in depriving the prosecution the time-testedand enduring procedural due process.Same; Same; Same; The role of judges in the administration ofjustice requires a continuous study of the law and jurisprudence.___Itis an oft-repeated dictum that a judge should exhibit more than justa cursory acquaintance with the statutes and procedural rules. Forthe role of judges in the administration of justice requires acontinuous study of the law and jurisprudence. Indubitably, theindustry of a judge in keeping abreast with the law and courtrulings will enhance the faith of our people in the administration ofjustice since litigants will be confidently and invariably assuredthat the occupants of the bench cannot justly be accused of adeficiency in their grasp of legal principles.
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