Title
Balantakbo vs. Tengco
Case
A.M. No. 573-MJ
Decision Date
Jun 28, 1974
Judge Tengco dismissed charges; separate theft cases justified, bail reduction for minor on humanitarian grounds, no improper motives proven.

Case Summary (G.R. No. 158275)

Allegations Against the Respondent

In a verified complaint filed on January 20, 1970, Balantakbo accused Judge Tengco of committing acts of oppression, persecution, and partiality. The allegations outline two primary grievances: first, the judge's acceptance of two separate criminal complaints regarding theft (Criminal Cases No. 920 and 925), despite them involving the same incident. It was alleged that this separation favored the complainant Pio Arsenal, who was President of the Laguna Agro-Industrial Cooperative, Inc., an entity with which the judge had prior professional ties. Second, despite the judge having disqualified himself due to personal connections with some of the accused (specifically members of the Balantakbo family), he unilaterally reduced the bail of accused Romero Banay without the proper procedural engagements.

Procedural Background

Following Balantakbo's complaint, Judge Tengco was given the opportunity to respond, which he did on February 25, 1970. Subsequently, the matter was referred to the District Judge of the Court of First Instance of Laguna for an investigation, leading to a report submitted by Judge Maximo A. Maceren on March 23, 1971. Maceren's report culminated in a recommendation for dismissal of the complaint against Tengco.

Findings of the Investigating Judge

The investigating judge established key facts during the inquiry: firstly, that while there were two criminal complaints filed, only Criminal Case No. 925 was accepted and examined by Judge Tengco, debunking the claim that both cases were subject to inappropriate dual treatment. It was clarified that the incidents involved separate parcels of land, indicating they did not arise from a single criminal act or impulse. Secondly, the judge’s decision to reduce the bail for Romero Banay was deemed justified given the minor's severe physical condition and the exigency of the situation, which took into account humanitarian concerns for the young accused.

Ruling and Conclusion

Ultimately, the Supreme Court approved the recommendation of the Investigating

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