A.M. NO. MTJ-01-1362 [Formerly A.M. No. 01-2-49-RTC] - JUDGE NAPOLEON INOTURAN, REGIONAL TRIAL COURT, BRANCH 133, MAKATI CITY, COMPLAINANT, VS. JUDGE MANUEL Q. LIMSIACO, JR., MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID-SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is deferentially recommended that Judge Manuel G. Limsiaco, Jr., of the 4 th MCTC of Valladolid-San Enrique-Pulupandan, Negros Occidental, be administratively charged of gross ignorance of the law, serious irregularity in the performance of duty and abuse of authority, and that a formal investigation be conducted affording him due process to answer the charges against him." On June 18, 2001, we issued a Resolution 1) treating the letter of Judge Inoturan as an administrative complaint and that it should be re-docketed as an administrative matter; 2) referring the matter to Executive Judge Leticia P. Morales of the Makati City RTC for investigation, report, and recommendation; and 3) directing Judge Limsiaco, as respondent, to comment on the complaint. In his comment [4] dated September 11, 2001, respondent judge alleged that Clerk of Court Denila was not telling the truth. Denila was on leave, thus, he failed to see Balucero when he posted his bail bond. Respondent characterized Denila as a habitual drunkard who was always absent and late for work. On September 1, 2001, he resigned due to poor health. Respondent judge explained that Balucero, accompanied by the arresting officers, appeared before him and filed his bail bond. Hence, he issued the Order of Release. He claimed that he gave the land title (and supporting documents) to Balucero so he could ask the Register of Deeds to annotate the bail thereon. However, Balucero failed to return to him the title and other documents. Respondent judge also explained that he did not violate the order of Judge Inoturan detaining Denila. In the interest of justice, he released Denila into his custody because allowing him to languish in jail will adversely affect the proceedings in the MTCC. In her Report dated February 27, 2002, Executive Judge Morales submitted the following findings: Respondent judge issued the Order directing the release of Balucero even prior to his arrest. Worse, no bail was posted. As to respondent's contention that he had Denila released from detention so as not to hamper the court proceedings, Judge Morales stated that this contravenes his claim that Denila was "a headache to him and ineffective as Clerk of Court." Executive Judge Morales recommended as follows: "Premises considered, it is hereby deferentially recommended that respondent Judge Manuel Q. Limsiaco, Jr. of the 4 th MCTC of Valladolid-San Enrique-Pulupandan, Negros Occidental be administratively sanctioned for the irregular release of accused Balucero and be reprimanded for his actuation in releasing his Clerk of Court Atty. Denila who was previously cited in contempt of court by Judge Inoturan of RTC, Branch 133, Makati City. It is further recommended that formal investigation should be conducted for each of the cases above-mentioned/reported where he had issued release order for accused who have pending warrants of arrest issued by other courts outside of his administrative authority." [5] On June 26, 2