A.M. NO. MTJ-05-1615 (FORMERLY OCA I.P.I NO. 04-1613-MTJ) - ERLINDA P. VARCAS, COMPLAINANT, VS. JUDGE RAFAEL P. OROLA, JR., MCTC, DAO-IVISAN, CAPIZ.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly reset the arraignment to January 16, 2004. Noting, however, the absence of complainant, respondent issued an order [2] in open court directing her to explain in writing in 10 days why no warrant for her arrest should be issued "for defying the order of the court." Complainant appears to have eventually shown up in court on January 6, 2004 during which she was notified of the above-said Order of respondent issued on even date. On January 16, 2004, complainant was, as scheduled, arraigned. Her compliance with respondent's order of January 6, 2004, which was due on that day, January 16, 2004, appears not to have been taken up during the arraignment, for respondent later issued on the same day, January 16, 2004, an Order [3] reading verbatim: During the hearing of January 6, 2004 the accused Erlinda Vargas [4] failed to appear in court in spite receipt of notice. She was required to explain in writing why no warrant of arrest shall be issued. No explanation was received by the court. For defying the order of this court she is hereby committed to the BJMP Ivisan, Capiz for two (2) days detention. The Provincial Prosecutor finding probable cause filed an information against the herein accused for Direct Assault. In order not to frustrate the ends of justice, let a warrant of arrest issue. The bail for her temporary liberty is hereby fixed at P12,000.00. (Underscoring supplied) It appears that complainant got wind of the January 16, 2004 Order of respondent on the same day. She thus posted also on the same day, January 16, 2004, a cash bond of P12,000 before the Municipal Treasurer of Ivisan, Capiz of which she is a resident, and for which she was issued Official Receipt (O.R.) C No. 0944912. On January 19, 2004, complainant presented the O.R. issued to her by the Municipal Treasurer of Ivisan to the MCTC Clerk of Court, Norman F. Oducado, who refused to accept it, however, as allegedly respondent had instructed him that the cash bond must be deposited with the Clerk of Court who would issue an O.R. therefor, it being a matter of policy that a fiduciary fund receipt should be issued for cash bonds posted. She was advised to return the O.R. to the Municipal Treasurer of Ivisan, Capiz. The Municipal Treasurer of Ivisan later issued a Certification [5] that O.R. No. 0944912 was replaced by O.R. No. 19248652 dated January 19, 2004 [issued by MCTC Clerk of Court Oducado]. By Order of January 20, 2004, [6] respondent noted complainant's posting of a cash bond under the O.R. dated January 19, 2004 and approved the same. In the same order, respondent declared that complainant "shall be allowed to enjoy provisional liberty . . ." Yet, complainant was subsequently detained at the Ivisan municipal jail for two days from January 20-22, 2004 in compliance with respondent's Order of January 16, 2004. [7] Hence, the present complaint against respondent, for gross ignorance of the law, for 1) issuing the January 16, 2004 Order faulting her for indirect cont