This case has been cited 1 times or more.
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2004-03-10 |
DAVIDE JR., CJ. |
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| In any event, the absence of a ruling in Cañas v. Castigador on the legality of the impounding of vehicles involved in an accident, as well as the foregoing statements of VLI in its Motion to Resolve, implies that there is yet no clear-cut policy or rule on the matter. They would, therefore, negate a finding of gross ignorance of the law or grave abuse of authority on the part of respondent Judge. Moreover, even assuming that the acts of the respondent in ordering the impounding and subsequent re-impounding of the subject vehicle and in requiring the posting of a cash bond for its release were erroneous, as found by OCA Consultant Atienza, such are errors of judgment that cannot be the subject of a disciplinary action absent proof of fraud, dishonesty, corruption, or bad faith.[24] A judge may not be held administratively liable for every erroneous order or decision he renders. To hold otherwise would be to render a judicial office unbearable, for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible in rendering a judgment. For a judge to be held administratively liable for ignorance of the law, it is necessary that the law be sufficiently basic that all that the judge must do is to simply apply it;[25] or that the error must be gross or patent, deliberate and malicious, or incurred with evident bad faith.[26] | |||||