Case Summary (G.R. No. 218009)
Allegations and Facts
The complaint arises from a legal proceeding in Criminal Case No. 147, wherein Alisangco was implicated as an accused after an amended complaint was filed by the Station Commander of Jose Dalman for a violation of Presidential Decree (P.D.) No. 533. The judge purportedly issued an arrest warrant for Alisangco without a prior determination of his involvement in the crime, setting an excessive bond of P 20,000. Alisangco argues that this amount is disproportionate, as the carabao’s value at issue was only P 7,000. After posting a cash bond with the Regional Trial Court (RTC) of Dipolog City, Alisangco failed to appear in court for arraignment on February 21, 1991, having previously filed a waiver of preliminary investigation.
Court Proceedings and Responses
Following Alisangco's non-appearance, Judge Tabiliran issued an order for his arrest and demanded that Alisangco show cause for the confiscation of his bond. A legal intervention occurred when Alisangco's counsel filed a motion to lift the arrest order, which the respondent failed to act upon. In January 1992, the respondent judge refuted the allegations against him, claiming that proper procedure was followed, and that the issuing of the arrest warrant was justified. The judge also stated that the bond set was appropriate given the seriousness of the charges.
Investigative Findings
An investigation requested by the Supreme Court was conducted by Executive Judge Jesus O. Angeles, who interviewed court personnel involved in the preliminary investigation. The investigative findings indicated that contrary to the respondent's assertions, Alisangco’s waiver was indeed filed in time, directly contradicting the respondent’s claims about the procedural correctness of issuing an arrest warrant.
Legal Analysis of Respondent's Conduct
The Office of the Court Administrator concluded that the right to a preliminary investigation is a personal right that may be waived by a defendant. Moreover, it was determined that Judge Tabilir
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Case Overview
- The case involves a complaint filed by Warlito Alisangco against Judge Jose C. Tabiliran, Jr. of the Municipal Circuit Trial Court of Manukan-Jose Dalman, Zamboanga del Norte.
- The complaint arises from allegations of grave abuse of authority, ignorance of the law, and conduct unbecoming of a judge.
- The events stem from Criminal Case No. 147, which charged Alisangco with a violation of Presidential Decree No. 533, related to the illegal purchase of a stolen carabao.
Allegations Against the Respondent Judge
- Alisangco claims that after the amended complaint was filed, Judge Tabiliran issued a warrant for his arrest without proper investigation of his involvement in the alleged crime.
- The bond for his arrest was set at P 20,000.00, which Alisangco argues is excessive since the carabao's value was only P 7,000.00.
- Alisangco did not appear for arraignment on February 21, 1991, because he had filed a waiver of his right to preliminary investigation the day before.
Response from the Respondent Judge
- Judge Tabiliran denied the allegations, asserting that:
- The amended complaint was filed correctly, and a preliminary investigation was conducted before issuing the arrest warrant.
- The bond was not excessive, given the penalties