Case Digest (A.M. No. P-01-1532)
Facts:
Donatilla M. Nones v. Veronica M. Ormita, A.M. No. P-01-1532, October 09, 2002, Supreme Court Third Division, Panganiban, J., writing for the Court.Complainant Donatilla M. Nones filed a sworn Administrative Complaint against Veronica M. Ormita, Clerk of Court II of the Municipal Trial Court (MTC), Bangar, La Union, alleging that respondent unlawfully issued an order dated March 25, 1995 directing the Bureau of Jail Management and Penology (BJMP), Bangar, La Union, to discharge Alfredo M. Ormita y Olpindo after he allegedly posted a cash bail of P5,000 in Criminal Case No. 4216 (People of the Philippines v. Alfredo Ormita y Olpindo, frustrated homicide). Complainant also noted that the released prisoner was a relative of respondent’s husband.
Complainant further filed Criminal Case No. 4782 against respondent for Grave Oral Defamation arising from an incident dated September 11, 2000 inside the MTC, and sought respondent’s suspension during the administrative proceeding to prevent misuse of office. Respondent submitted a Comment dated November 28, 2000 stating she issued the release order for humanitarian reasons and honestly believed it was proper.
The Office of the Court Administrator (OCA), through Court Administrator Presbitero J. Velasco Jr., investigated and filed a Report (October 9, 2001) finding that the order to release the accused had no legal basis and recommending a fine of P1,000 with a warning against repetition. The OCA characterized the act as an improper exercise of judicial authority by a clerk of court.
The Supreme Court (Third Division) reviewed the OCA Report on judicial administrative liability. It agreed that respondent had no authority to issue a release order and that the act constituted an encroachment on judicial authority. The Court found respondent administratively liable for misconduct and, departing fro...(Subscriber-Only)
Issues:
- Can the complainant’s affidavit of desistance withdraw the administrative complaint and mandate dismissal of the administrative case?
- Did respondent commit misconduct by issuing an order directing the BJMP to release an accused who had posted bail, thereby usurping judicial functions?
- If administrative liability is established, what is the approp...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)