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[A.M. No. P-03-1749. February 21, 2005]

VIZCARRA vs. ILMENG

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 21 2005 .

A.M. No. P-03-1749 (Judge Pacito B. Vizcarra vs. Villamor G. Ilmeng, Legal Researcher II and OIC.)

For consideration is the Investigation, Report and Recommendation on the administrative matter submitted to the Court on 7 January 2005 by Investigating Judge Alipio V. Flores, Regional Trial Court (RTC) of Vigan, Ilocos Sur, Branch 20.

In a verified Complaint dated 10 February 2003, Pacito B. Vizcarra, Municipal Court Judge of Ilocos Sur, charged Villamor G. Ilmeng, Legal Researcher and OIC Clerk of Court of RTC of Vigan City, Branch 21, with grave misconduct, usurpation of judicial functions and conduct prejudicial to the best interest of the service relative to Criminal Case No. 2623 entitled "People of the Philippines v. Barangay Captain Felix Rabena" filed with the Municipal Circuit Trial Court of Caoayan, Santa Catalina, Ilocos Sur . where complainant was the designated municipal judge.

In said case, after a finding of probable cause, a warrant of arrest was issued against Felix Rabena who, upon having been informed of such issuance, surrendered himself to the police, applied to be released on bail and filed a corporate bond before the RTC of Vigan, Ilocos Sur, Branch 21, presided by Executive Judge Dominador LI. Arquelada. After approval of the bailbond on the same date, Judge Arquelada verbally directed respondent, the OIC Clerk of Court, to make the order of release of accused Rabena. Accordingly, respondent made the order of release facilitating the release of the accused Felix Rabena on bail. Finding that it was respondent who ordered the release of the accused, complainant cancelled the same and reinstated the warrant of arrest against the accused; he also filed the instant administrative complaint. In a resolution dated 1 October 2003, the administrative complaint against respondent was re-docketed as a regular administrative matter and was referred to Judge Alipio V. Flores of RTC of Vigan, Ilocos Sur, Branch 20, for investigation, report and recommendation within sixty (60) days from receipt of the records._:

During the investigation, respondent presented Judge Arquelada who confirmed that respondent was his Acting Branch Clerk of Court and that he had previously executed an affidavit on 10 December 2002 in which he averred that after personally approving the bailbond of accused Rabena, he instructed respondent to issue the corresponding order of release of the accused. Respondent testified in like manner that he was only directed by Judge Arquelada to make the letter of discharge of the accused.

After a perusal of the records, the Investigating Judge found that Judge Arquelada approved the bailbond of accused Rabena and ordered the latter's release through herein respondent. As it is, the approval of the bailbond and the order for the release were done by Judge Arquelada and not by respondent. Respondent merely made known the approval of the bailbond and the release of the accused as directed by his judge.

Based on his findings, the Investigating Judge recommended the dismissal of the administrative case against respondent as he did not assume any authority of a judicial officer much less perform a judicial function.

Finding the recommendation to be in accord with the law and the facts of the case on record, the Court resolves to ADOPT and APPROVE the same. The administrative complaint of Judge Pacito B. Vizcarra against Villamor Ilmeng is DISMISSED for lack of merit. The instant administrative matter is declared CLOSED and TERMINATED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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