A.M. No. 289-MJ - Algas vs. Garrido

On the evening of October 18, 1971, in Barrio Tinambacan, Municipality of Jaro, Leyte, an incident occurred in which Catalino Lotrago was shot and wounded.

Following the incident, Police Sgt. Juan G. Fallorina filed a complaint for attempted murder against Celestino Algas on November 4, 1971, at the Municipal Court of Jaro, Leyte.

In support of the complaint, Sgt. Fallorina presented Loreto Pore as the sole eyewitness, whose testimony played a crucial role in the proceedings.

At a later investigation by the constabulary authorities, the victim, Catalino Lotrago, executed a sworn statement claiming that it was Loreto Pore who shot him with a revolver, thereby corroborating parts of the eyewitness account.

Additionally, Celestino Algas himself testified as a witness before the constabulary, asserting that although he did not see the shooting, he observed Loreto Pore carrying a revolver shortly before and after the incident.

Municipal Judge Wilfredo Garrido, the respondent, conducted a preliminary examination solely by questioning the lone eyewitness, Loreto Pore.

The judge could not examine the victim, Catalino Lotrago, because subpoenas for his appearance had been returned unserved; at that time, Lotrago was already in Tacloban City for medical treatment.

Based on the investigation and the evidence available through Loreto Pore’s testimony, Judge Garrido issued a warrant of arrest against Celestino Algas in Criminal Case No. 4866.

Celestino Algas was arrested on November 4, 1971, and confined until his release on bail on November 8, 1971.

The initial preliminary investigation was set for November 15, 1971, but it was later postponed to December 5, 1971 at the motion of Algas, who eventually waived his right to the preliminary investigation.

Meanwhile, Assistant Provincial Fiscal Redubla filed a motion to dismiss the case on November 18, 1971, citing that the constabulary evidence was conflicting and that the case should be jointly investigated by the Provincial Fiscal; this motion was denied by the judge, and the preliminary investigation hearing was reset for December 3, 1971.

An information for attempted murder (Criminal Case No. C-185) was later filed on August 23, 1972, but was dismissed provisionally on February 12, 1973, due to repeated postponements and the absence of key witnesses (i.e., Catalino Lotrago and Loreto Pore).

The Investigating Judge, after reviewing the matter, recommended the exoneration of Judge Garrido, finding that reliance on the testimony of Loreto Pore did not constitute a transgression of established procedural rules.

Despite the exoneration, Judge Garrido was admonished to exercise greater prudence in his duties, especially considering the timing of the arrest, which occurred close to the local elections on November 9, 1971, thereby raising concerns about potential political motivations.

Whether Municipal Judge Wilfredo Garrido committed manifest partiality, grave abuse of authority, or gross ignorance of law by issuing the warrant of arrest based solely on the testimony of Loreto Pore, without personally examining the victim, Catalino Lotrago.
Whether the absence of the victim’s direct testimony, due to his unavailability (being in Tacloban City), could have legally justified reliance solely on the eyewitness testimony in determining probable cause.
Whether the circumstances surrounding the timing of the arrest (close to the local elections) implied political motivation, thereby affecting the integrity of the judicial process.