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[ A.M. No. OCA-IPI-98-638-RTJ. February 2, 2000]

ROGELIO M. MENGOTE vs. JUDGE CELSO F. LORENZO, SR.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 2 2000.

A.M. No. OCA-IPI-98-638-RTJ (Rogelio M. Mengote vs. Judge Celso F. Lorenzo, Sr., Regional Trial Court, Branch 5, Oras, Eastern Samar, et al.)

This is a complaint by Rogelio M. Mengote against Judge Celso F. Lorenzo, Sr., Branch Clerk of Court Raquel G. Kho, and Court Stenographer Riza Libanan, all of the Regional Trial Court, Branch 5, Oras, Eastern Samar, for falsification of public documents. Judge Lorenzo is, in addition, charged with ignorance of the law and conduct unbecoming a judge.

Complainant is the brother of Avelino M. Mengote, the accused in Criminal Case No. 98-13 for robbery with multiple homicide before the sala of Judge Lorenzo. He alleges that respondents inserted between pages 21 and 22 of the records of the case an order dated August 24, 1998, for the arrest of Avelino to make it appear that the said order preceded the issuance of a warrant of arrest; that respondents altered the date of the warrant of arrest from August 18, 1998 to August 24, 1998; and that Judge Lorenzo did not personally determine the existence of probable cause against Avelino before ordering his arrest by examining under oath the witness for the prosecution with searching questions.

In his answer, Judge Lorenzo claims that the warrant of arrest against Avelino was indeed issued on August 24, 1998. He explains that the order of the same date for the issuance of the said warrant of arrest was inadvertently omitted when the records of the case were stitched. When Branch Clerk of Court Kho subsequently discovered the omission, she caused the same to be attached to the records and the pages thereof to be renumbered. Respondent contends that in accordance with the rulings of this Court, a judge may issue a warrant of arrest based on the report of the prosecutor and the supporting documents thereof, without personally examining under oath the witnesses for the prosecution with searching questions.

For her part, Clerk of Court Kho confirms that the order, dated August 24, 1998, for the arrest of Avelino was inadvertently omitted from the records so that, when she subsequently discovered the omission, she caused the same to be inserted. She then had the pages of the records renumbered.

On the other hand, Court Stenographer Libanan denies knowledge of the allegations of complainant.

In a report, dated November 24, 1999, the Office of the Court Administrator recommends that the instant complaint be dismissed on the following grounds:

(1) Judge Celso F. Lorenzo was killed on November 1, 1999 in Borongan, Eastern Samar. Hence, the complaint against him is moot. (Lladoc v. Hernandez, Adm. Matter No. OCA-IPI-97-256-MTJ, January 24, 2000)

(2) The explanation given by respondents is satisfactory. It is borne out by the records, which show that the Chief of Police of Oras, Eastern Samar received the warrant of arrest on August 24, 1998 and that the accused was delivered to the Sub-Provincial Jail of that municipality on the same date.

Finding the recommendation of the Office of the Court Administrator to be well taken, this Court RESOLVED to DISMISS the instant complaint for lack of merit.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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