A.M. No. MTJ-99-1237 - ALFONSO AND CORAMINDA LUMIBAO, COMPLAINANTS, VS. JUDGE

Ruling

Accordingly, on 19 November 1998, the records of Administrative Matter 95-35-MTJ were forwarded to Judge Alano for evaluation. In a report, dated 02 December 1998, addressed to the Supreme Court, Executive Judge Alano made the following recommendations: "Wherefore, premises considered, it is hereby recommended that in Charge No. 1 [10] , considering that the mortgage had been redeemed/released in 1993 one year before the incident happened on August 24, 1994, the respondent should be warned not to repeat the same. In Charge No. 2 [11] ,he should be exonerated for lack of evidence. In Charge No. 3 [12] , respondent should be warned or fined at the discretion of the court for misbehavior." Consequently, the High Court's Second Division, in a Resolution dated 08 February 1999 [13] , referred the instant administrative matter to the Office of the Court Administrator for evaluation, report and recommendation. In a Memorandum dated 11 August 1999, the OCA imputed liability to respondent Judge Panal with respect to Charge No. 1 and Charge No. 3. On the contrary, the OCA adopted the findings of Executive Judge Alano with respect to Charge No. 2, thereby absolving respondent judge as to the charge of "electioneering". As a result of these findings, the OCA, in its Memorandum of the same date, submitted the following recommendations: "In view of the foregoing, the undersigned respectfully recommends that a fine in the amount of P5,000.00 be imposed against respondent Judge Mamerto C. Panal , 4th MCTC, Malungon-Alabel, with a stern warning that a repetition of the same or similar acts in the future would be dealt with more severely." [14] COURT'S RULING We are in accord with the findings and recommendations of the OCA as regards the charges hurled against respondent. First, with respect to the specific charge of delay in the remittance of the cash bail bond, this Court is of the view that the explanation of respondent judge satisfies the test of sufficiency so as to exonerate him from liability in relation to said charge. The records reveal that the cash bail bond in the amount of P5,000.00 was deposited by the accused on 25 July 1992 not with the lower court but with the Municipal Treasurer of Alabel, Saranggani, as evidenced by O.R. No. 2664157 U, attached and made part of the records of the case. It is well to note that the cash bond was forfeited by order of the court and subsequently released by the Municipal Treasurer of Alabel by way of PNB Check No. 471723, on 22 June 1994, in the name of the Supreme Court. The annexes attached by respondent judge to his Explanation, dated 20 October 1995, supports the allegations that "while the check was dated June 24, 1994, its release took sometime because of procedural requirement, i.e., preparation of voucher with supporting forfeiture order, decision (28 December 1993), pre-audit, signatories of the voucher, etc. so that it was remitted to the Chief Accountant of the Supreme Court on 12 September 1994." Second