JUDGE DOLORES L. ESPAÑOL AND OPHELIA G. SULUEN, COMPLAINANTS, VS. JUDGE LORINDA T. MUPAS.

Ruling

accordingly answered, EIGHT FIVE PALA, MAGKANO BA ANG PERA MO, and when affiant replied FIVE LANG, respondent averred, DUON NA LAMANG SA IMUS AYUSIN AT ALAM NILA IYON (Annex G); h) Magkasamang Sinumpaang Salaysay of Celia Gervacio and Narlyn Reyes, attesting to the fact that they went to the respondent court to inquire as to how much is the bond of Joel Gervacio and Orly Reyes for alleged Carnapping and they were told that it was P180,000.00 while, for Robbery it was P100,000.00. Since they could not afford the quoted amounts, they decided to see a friend who advised them to secure the services of a lawyer. They were advised to get a copy of the complaint which was not signed by the respondent, hence, they went back and the copy was stamped Original Signed, by one of the employees in said Court, but who refused to indicate the amount of bail (Annex H); i) Subsequently, on November 19, 2001, based on the surety bond presented to the Court for both accused were approved under Criminal Complaints Nos. 01-2020, 01-2021 and 01-2022 with the Complaints filed with the respondent court on November 8, 2001, and the space below the jurat was merely stamped with Original Signed attached as Annex H-1 and Annex H-2. The space Noted by for the Prosecutor is unsigned and no amount of bail recommended appears on the copy of the Complaint, showing that the detention of the respondent for preliminary investigation is unlawful. j) Order dated 13 December 2001 was issued by the undersigned directing the release of the accused, Ferdinand Sarreal y Magdangal, under Criminal Complaint Nos. 01-1893 and 01-1894, considering that the said accused had been under detention for almost three (3) months without preliminary examination nor preliminary investigation having been conducted by the respondent of the cases filed before it (sic) on October 22, 2001, while the arrest of the alleged respondent was on October 19, 2001. While the Complaint is not signed by the subscribing respondent judge, the upper right hand corner bears a rubber stamp of the respondent judge, dated October 22, 2001, copy of which Order is attached as Annex I, Criminal and the Complaint as Annex I-A, respectively; k) Mrs. Ilaya who followed up the posting of surety bond for her son, Michael Ilaya y Castro, failed to come back for her Sworn Statement which she promised to present on December 18, 2001, is attached as Annex J. The Order alleges the circumstances on how the accused has been kept under detention without the preliminary investigation conducted since he was apprehended on June 18, 2001, while the Criminal Complaint No. 01-1045 was filed with the Municipal Trial Court of Dasmariñas on June 19, 2001. Mrs. Ilaya, a widow, hails from Cebu City and came all the way to secure the release of her son for the holidays. She alleged that she could not immediately come to Manila, since she is a single parent. However, she was made to go back and forth in order to secure a copy