Title
Agcaoili vs. Aquino
Case
A.M. No. MTJ-95-1051
Decision Date
Oct 21, 1996
Judge Aquino failed to transmit case records promptly and ignored a superior's directive, leading to findings of neglect, ignorance of law, and insubordination.
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Case Digest (A.M. No. MTJ-95-1051)

Facts:

  1. Complaint and Directive:

    • Emerito M. Agcaoili, Executive Judge of the Regional Trial Court of Aparri, Cagayan, filed a complaint against Judge Briccio A. Aquino, Acting Presiding Judge of the Municipal Trial Court of Lal-lo and Gattaran, Cagayan.
    • The complaint alleged serious neglect of duty, gross ignorance of the law, and insubordination for Judge Aquino's failure to comply with a directive dated October 11, 1994, regarding Criminal Case Nos. 3246 and 3247 ("People vs. Cortez").
  2. Judicial Audit Findings:

    • A judicial audit revealed the following timeline:
      • The criminal complaint was filed on December 18, 1992.
      • A preliminary examination was conducted on January 20, 1993, and a warrant of arrest was issued the same day.
      • The warrant of arrest could not be served as the accused, Pascual Cortez, had moved to an unknown address in Alcala, Cagayan.
      • The case was archived on January 20, 1994, and the records were remanded to the Provincial Prosecutor on March 3, 1994.
      • Two informations for rape were filed on August 31, 1994.
  3. Respondent Judge's Explanation:

    • Judge Aquino admitted that the records were not immediately transmitted to the Provincial Prosecutor due to the accused's inability to be apprehended.
    • He claimed the case was archived to allow police authorities more time to locate the accused and serve the complaint.
  4. Violation of Rules:

    • Judge Aquino failed to comply with Section 5, Rule 112 of the Rules of Court, which mandates the transmission of case records to the fiscal within ten (10) days after the conclusion of the preliminary investigation.
    • He also failed to respond to Judge Agcaoili's directive, which was issued by his immediate superior.

Issue:

  1. Whether Judge Briccio A. Aquino committed serious neglect of duty and gross ignorance of the law by failing to transmit the case records to the Provincial Prosecutor within the prescribed period.
  2. Whether Judge Aquino's failure to comply with the directive of his superior constitutes insubordination.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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