Case Digest (A.M. No. 92-1-084-RTC, MTJ-90-486)
Facts:
Florencia Sealana-Abbu v. Judge Florante E. Madrono, A.M. No. 92-1-084-RTC, and Venustiano and Rosalia Saburnido v. Judge Florante E. Madrono, A.M. No. MTJ-90-486, October 20, 1992, Supreme Court En Banc, Per Curiam. These are two administrative complaints against respondent Judge Florante E. Madrono, then of the 4th Municipal Circuit Trial Court of Balingasag–Lagonglong, Misamis Oriental.In A.M. No. 92-1-084-RTC, Assistant Provincial Fiscal Florencia Sealana-Abbu complained that in People v. Nepomuceno Valerio (Crim. Case No. 8041) — an illegal possession of firearms case under Sec. 1, P.D. 1866 — respondent prematurely granted and later reduced bail without notifying the prosecution. The warrant initially fixed bail at P5,000; upon a motion for reduction filed by P/Maj. Aquilino C. Ipan, respondent reduced bail to P3,000 without prior notice to the prosecution. Acting Executive Judge Alfredo J. Lagamon investigated and recommended that respondent be reprimanded for precipitously granting and/or reducing bail without prior notice to the prosecution, noting customary prosecutorial guidelines that recommended much higher amounts or no bail for comparable offenses.
In A.M. No. MTJ-90-486, spouses Venustiano and Rosalia Saburnido alleged that 33 brand-new television sets and other seized smuggled goods deposited in respondent’s custody after a March 22, 1989 seizure were later found substituted, damaged, or missing. The items had been the subject of Criminal Case No. 8398 (People v. Antigua). Former Executive Judge Celso P. Largo requested the NBI to investigate; an NBI ocular inspection and audit (with COA participation) found fewer television sets in respondent’s sala, the sets there being unserviceable and beyond repair, and numerous informal acknowledgment receipts rather than official General Form No. 32-A receipts with serial numbers.
Acting Executive Judge Lagamon’s June 8, 1992 report recited the NBI’s recommendation that respondent be prosecuted for malversation under Article 217, Revised Penal Code and be administratively charged for allowing various military, police, and civilian officials to borrow exhibits without proper receipts, thereby facilitating substitution and loss. Lagamon also found respondent guilty of failing to comply with Memorandum Order No. 225 (March 17, 1989), Section 602(g) of the Tariff and Customs Code, delayed turnover to the Bureau of Customs (items were turned over only on April 14, 1992), and undue delay in terminating the preliminary investigation for over three years.
The Court conducted no further fact-finding; it adopted the investigating judge’s reports. The Office of the Court noted that respondent had already been the subject of another administrative proceeding — variously referenced in the record...(Subscriber-Only)
Issues:
- Is A.M. No. 92-1-084-RTC (the bail complaint by Florencia Sealana-Abbu) moot in view of respondent’s prior dismissal in a separate administrative matter?
- Did Judge Florante E. Madrono commit gross misconduct in A.M. No. MTJ-90-486 by mishandling seized goods (allowing borrowing and substitution, delaying turnover, and failing to properly safeguard exhibits) such that he should be dismissed and forfeit ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)