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SPS. LEONARDO DARACAN AND MA. TERESA DARACAN v. JUDGE ELI G.C. NATIVIDAD

This case has been cited 1 times or more.

2004-01-15
PANGANIBAN, J.
We have already ruled that as long as the judgment remains unsatisfied, it would be erroneous to order the cancellation of a bond filed for the discharge of a writ of attachment.[32] In like manner, it would be erroneous to order the withdrawal of a cash deposit before judgment is rendered.  Be that as it may, "a [judge] may not be held administratively accountable for every erroneous order x x x he renders."[33] Otherwise, a judicial office would be untenable,[34] for "no one called upon to try the facts or interpret the law in the administration of justice can be infallible."[35] For liability to attach for ignorance of the law, the assailed order of a judge must not only be erroneous; more important, it must be motivated by bad faith, dishonesty, hatred or some other similar motive.[36] Certainly, mere error of judgment is not a ground for disciplinary proceedings.[37]