Case Summary (A.M. No. MTJ-96-1112)
Background of Complaint
On May 4, 1995, warrants of arrest were issued against Pedrito Bondoc. However, the arresting officers were unable to locate him. The following day, Judge Domagtoy ordered Bondoc's release on the purported grounds that he had posted bail, despite no bailbond being filed as confirmed by the Clerk of Court on May 11, 1995. This led Adapon to file a letter-complaint to Executive Judge Melchor M. Libarnes, expressing concerns over the alleged irregularities in the approval of the bail and the subsequent order of release.
Investigation and Findings
Following the complaint, the case was forwarded for investigation. Judge Lozada, tasked with the inquiry, found no irregularities in the approval of the bailbond. He reported that on the date of the release order, a bailbond had already been filed in another court in Sta. Monica, albeit received late by the Dapa court. Ultimately, the investigation concluded that regularity in the judge's actions had not been rebutted by the complainants.
Subsequent Developments and Clarifications
On January 31, 1996, the Court directed Judge Libarnes to ascertain whether Bondoc had indeed been arrested. His findings indicated that Bondoc was never arrested, contradicting the basis on which Judge Domagtoy issued the release order. The Office of the Court Administrator (OCA) then determined that the respondent lacked authority to issue such an order as per the procedural rules outlined in the Rules of Court.
Legal Standards and Misconduct
Under Section 1 of Rule 114 of the Rules of Court, bail is defined as a security for individuals already in custody, requiring them to be arrested before any bail can be granted. The Court emphasized that granting bail under the circumstances that occurred was a violation of this rule, s
...continue readingCase Syllabus (A.M. No. MTJ-96-1112)
Case Overview
- The case involves an administrative complaint against Hernando C. Domagtoy, the presiding judge of the Eleventh Municipal Circuit Trial Court of Santa Monica-Burgos, Surigao del Norte.
- The complaint was filed by Antonio J. Adapon, along with his wife Susie and Bienvenida Navarro, related to Criminal Cases Nos. 106, 107, and 108 entitled "People of the Philippines v. Pedrito Bondoc."
- The charges in these cases included falsification by omission, grave slander, and grave oral defamation.
Factual Background
- On May 4, 1995, three warrants of arrest were issued against accused Pedrito Bondoc.
- The arresting officers were unable to locate Bondoc to serve the warrants.
- The following day, May 5, 1995, Judge Domagtoy issued an order of release for Bondoc, claiming he had posted the necessary bail.
- A certification from the MCTC Clerk of Court of Dapa on May 11, 1995, revealed no bail bond had been filed by Bondoc as of that date.
Initial Complaint
- On the same day as the certification, Adapon wrote a letter-complaint to Executive Judge Melchor M. Libarnes, alleging irregul