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A.M. No. MTJ-04-1549.
MANOLO D. ADRIANO AND REYNALDO I. AUSTRAL v. JUDGE RENATO B. BERCADES, MUNICIPAL CIRCUIT TRIAL COURT, NAGCARLAN, LAGUNA
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APR. 17, 2006
A.M. No. MTJ-04-1549 (Manolo
D. Adriano and
This is an administrative case filed by Manolo D. Adriano and Reynaldo I. Austral ("complainants") against Judge Renato B. Bercades [1] cralaw ("respondent judge") of the Municipal Circuit Trial Court, Nagcarlan, Laguna, for abuse of authority.
In their letter-complaint dated
In his comment dated
In their reply dated
The Office of the Court Administrator (OCA), in its Report dated
In a Resolution dated
In Mantaring v. Judge Roman , [10] cralaw the Court ruled that in issuing warrants of arrest in preliminary investigations, the investigating judge must:
(1) have examined in writing and under oath the complainant and his witnesses by searching questions and answers;
(2) be satisfied that probable cause exists; and
(3) that there is a need to place the respondent under immediate custody in order not to frustrate the ends of justice.
In this case, respondent judge justified the issuance of a warrant of arrest on the following ground:
After conducting a summary examination under oath of the prosecution witnesses in the above-entitled case by means of searching questions adopted by the undersigned Judge, the Court finds that there is reasonable ground to believe that the offense of VIOLATION OF RA [8048] cognizable by the 3rd MUNICIPAL CIRCUIT TRIAL COURT, has been committed and that the accused, MANOLO ADRIANO & REYNALDO AUSTRAL is/are probably guilty.
WHEREFORE, let a warrant for the arrest of the accused be issued x x x. [11] cralaw
It is clear that respondent judge ordered the issuance of the warrant of arrest solely on his finding of probable cause and failed to consider that there must be a need to place the accused under immediate custody "in order not to frustrate the ends of justice." Respondent judge's hasty issuance of the warrant of arrest constitutes gross ignorance of the law. [12] cralaw
On the "defect" in the complaint, we accept respondent judge's explanation that it was merely "an innocuous typographical error." The complaint may appear to be "defective on its face" but the list of attachments [13] cralaw and annexes [14] cralaw to the complaint corrected the "error" as to the date of the commission of the offense.
On the implementation of the warrant of arrest, we agree with respondent judge that it is "strictly a police matter." Warrants of arrest are implemented by arresting officers. Judges are not arresting officers and, therefore, they are not concerned with the implementation of warrants of arrest. Aside from issuing the warrant of arrest [15] cralaw on 20 March 2002, the records do not show that respondent judge had any participation in the arrest of complainants on 24 March 2002.
On respondent judge's bias, the Court finds the records bereft of factual evidence to support the charge. Complainants failed to present clear and convincing evidence that respondent judge had a personal interest in the case or that his bias stemmed from an extra-judicial source. [16] cralaw Mere suspicion that a judge is biased is not enough.
Gross ignorance of the law is classified as a serious charge [17] cralaw for which the penalty is dismissal from the service, or suspension from office without salary from three months to six months, or a fine of P20,000 to P40,000. [18] cralaw
Considering that this is respondent judge's first offense, we impose a fine of P20,000. We warn respondent judge that his commission of any further administrative offense will be dealt with more severely.
ACCORDINGLY, we find respondent Judge Renato B. Bercades of the Municipal Circuit Trial Court, Nagcarlan, Laguna, GUILTY of gross ignorance of the law. We FINE respondent Judge Renato B. Bercades P20,000 with WARNING that his commission of any further administrative offense will be dealt with more severely.
SO ORDERED. (Velasco, Jr., J. - No part)
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Also spelled as "Bercadez" in other parts of the rollo .
[2] cralaw Otherwise known as "The Coconut Preservation Act."
[3] cralaw The complaint was filed on 1 March 2002.
[4] cralaw Rollo , p. 5.
[5] cralaw Dated 25 September 1978.
[6] cralaw Holy Wednesday was declared a half-day holiday. Maundy Thursday and Good Friday were regular holidays.
[7] cralaw Rollo , pp. 6-14.
[8] cralaw Section 6(b), Rule 112 of the Revised Rules of Criminal Procedure reads:
SEC. 6. When warrant of arrest may issue. - x x x x
(b) By the Municipal Trial Court. - When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. When conducted by the prosecutor, the procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section. When the investigation is conducted by the judge himself, he shall follow the procedure provided in section 3 of this Rule. If his findings and recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation, the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice.
[9] cralaw Rollo , pp. 26-27.
[10] cralaw 324 Phil. 387 (1996).
[11] cralaw Rollo , p. 5.
[12] cralaw Sps . Arcilla v. Judge Palaypayon, 416 Phil. 875 (2001).
[13] cralaw Rollo , p. 3.
[14] cralaw The annexes to the complaint include the following:
1. Sinumpaang salaysay of Mr. Felimon U. Vista dated 23 July 2001;
2. Pinagsamang sinumpaang salaysay of Romelito A. Sumaguc, Wenceslao de Leon and Bemabe Subijano dated 23 July 2001;
3. Investigation report of Bibiano C. Concibido, Jr. dated 17 April 2001;
4. Minutes of meeting signed by Bibiano C. Concibido, Jr. dated 21 June 2001;
5. Affidavit of Manolo D. Adriano dated 19 February 2001; and
6. Report of Barangay Chair[person] Romelito A. Sumague dated 23 May 2001.
[15] cralaw Rollo , p. 4.
[16] cralaw Cruz v. Judge Iturralde, 450 Phil. 77 (2003).
[17] cralaw RULES OF COURT, Section 8, Rule 140, as amended by A.M. No. 01-8-10-SC, which took effect on 1 October 2001.
[18] cralaw Id. at Section 11.
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