Case Digest (A.M. No. 243-MJ)
Facts:
- Lt. Roberto Lastimoso filed an administrative complaint against Municipal Judge Ignacio Lambo of Mabini, Davao del Norte.
- Lt. Lastimoso accused Judge Lambo of bias and refusal to issue a warrant for the arrest of an accused individual for illegal possession of firearms.
- Lt. Lastimoso claimed that Judge Lambo vouched for the character of the accused and expressed surprise at the filing of the case.
- Lt. Lastimoso requested Judge Lambo to issue a warrant of arrest, but the judge denied the request and stated that he would conduct another preliminary investigation before issuing the warrant.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the administrative complaint against Judge Lambo.
- Lt. Lastimoso failed to provide evidence to support his allegations.
- Lt. Lastimoso indicated that he was no longer interested in pursuing the administrative case against Judge Lambo.
- The Court adopted the recommendation to dismiss the case. ...(Unlock)
Ratio:
- The Court dismissed the administrative complaint because Lt. Lastimoso failed to provide evidence to support his allegations and expressed ...continue reading
Case Digest (A.M. No. 243-MJ)
Facts:
The case involves Lt. Roberto Lastimoso as the complainant and Municipal Judge Ignacio Lambo of Mabini, Davao del Norte as the respondent. The events leading to the administrative complaint occurred in 1972 when Lt. Lastimoso, then the Commanding Officer of a Philippine Constabulary Company stationed in Tagum, Davao del Norte, filed a complaint against Judge Lambo. The complaint arose from remarks allegedly made by Judge Lambo regarding an illegal possession of firearms case against an individual named David Pailog. Lt. Lastimoso claimed that Judge Lambo expressed surprise at the filing of the case and seemed to vouch for the character of the accused. Although the judge did not reject the complaint outright, Lt. Lastimoso felt that the judge's comments indicated a bias that would hinder the prosecution of the case. The complainant requested the issuance of a warrant of arrest against Pailog, asserting that there was a prima facie case against him. However, Judge Lambo denied this request, stating that he would conduct another preliminary investigation before issuing the warrant. In response to the allegations, Judge Lambo denied any wrongdoing, asserting that he had accepted and docketed the case without delay and explained the necessity of conducting a preliminary examination ...