OCA-IPI No.

06-2464-RTJ September 18, 2006

SPO3 Jose V. Fabrique, complainant
Vs.
Judge Vedasto B. Marco, respondent

Facts: SPO3 Fabrique charging respondent with Gross Ignorance of the Law and
Violation of Article 205 of the Revised Penal Code relative to Criminal Case No. 2618
entitled "People vs. SPO4 Faigao and PO1 Gaca.”
Criminal Case No. 2618 stemmed from the criminal complaint for violation of RA
3019 instituted by complainant before the Office of the Ombudsman against PNP police
officers, SPO4 Faigao and PO1 Gaca. After the arraignment of both accused, their
counsel filed a Motion to Quash the Information. The prosecution filed its Opposition to
the Motion to Quash. In a Resolution, respondent ruled for the defense and granted the
Motion to Quash. Complainant questions the quashal of the Information. Fabrique
impute malice to respondent in granting the said motion to quash, complainant alleged
in his Reply to the Comment of respondent that the latter maintains a friendly relation
with SP04 Faigao.

Issue: Whether or not the respondent violated Article 205 of the RPC.

Ruling: No. The complaint for Rendering Judgment through Inexcusable Negligence or
Ignorance is primarily anchored on the act of respondent of granting the Motion to
Quash the Information. This however is purely a judicial act which as a matter of public
policy is not subject to disciplinary actions even if erroneous provided the act was in
good faith and without malice.
Thus, the complaint is dismissed.