Case Digest (A.M. No. P-04-1869)
Facts:
Adelia B. Macinas v. Manuel L. Arimado, A.M. No. P-04-1869 (formerly OCA I.P.I. No. 03-1764-P), September 30, 2005, Supreme Court Second Division, Puno, J., writing for the Court.Complainant Adelia B. Macinas filed a letter-complaint with Judge Henry B. Basilla alleging that respondent Manuel L. Arimado, Sheriff IV of the Regional Trial Court (RTC) of Legaspi City, Branch 4, received P10,000 from her upon his promise to help secure bail bonds for criminal cases pending in RTC Branch 5 and the Municipal Trial Court in Cities (MTCC) Branch II of Legaspi City. Attached to the complaint was a receipt signed by respondent acknowledging receipt of the P10,000 "as payment for bail bond."
Judge Basilla issued a Memorandum furnishing respondent a copy of the complaint and gave him 72 hours to explain why administrative action should not be taken; he also summoned complainant for investigation. Respondent submitted an Explanation admitting receipt of P10,000 but claimed he immediately handed the amount in full to bondsman Ostiano Calleja to procure documents for the property bond. In a later Comment he asserted that P5,000 was returned to complainant by the bondsman as a balance, that the bonds posted were not approved by the court, and that he did not personally benefit.
Judge Basilla forwarded the pleadings to the Office of the Court Administrator (OCA), which treated the matter as an administrative complaint and docketed it OCA I.P.I. No. 03-1764-P; the Court Administrator directed respondent to file a Comment. The OCA found the receipt of money and the assurance to secure bonds created the appearance respondent would benefit ...(Pro-only)
Issues:
- Was respondent Manuel L. Arimado administratively liable for conduct prejudicial to the best interest of the service for receiving P10,000 in connection with securing bail bonds?
- If liable, what is the appropriate penalty for responde...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)