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OSCAR M. POSO v. JUDGE JOSE H. MIJARES

This case has been cited 2 times or more.

2009-04-07
CHICO-NAZARIO, J.
Admittedly, judges cannot be held to account for erroneous judgments rendered in good faith. However, this defense has been all too frequently cited to the point of staleness. In truth, good faith in situations of infallible discretion inheres only within the parameters of tolerable judgment and does not apply where the issues are so simple and the applicable legal principle evident and basic as to be beyond permissible margins of error.[23] Indeed, while a judge may not always be subjected to disciplinary action for every erroneous order or decision he renders, that relative immunity is not a license to be negligent or abusive and arbitrary in performing his adjudicatory prerogatives.[24]
2007-06-27
NACHURA, J.
As to the Order citing complainants for indirect contempt, while we are disposed to accept Judge Sison's good faith in issuing the same, we have already held in the past that good faith in situations of fallible discretion inheres only within the parameters of tolerable misjudgment and does not apply where the issues are so simple and the applicable legal principle evident and basic as to be beyond permissible margins of error.[20] When the law is so elementary, not to know it constitutes gross ignorance of the law.[21]