Case Summary (A.M. No. P-04-1876)
Complaint Details
On November 18, 2003, the Office of the Court Administrator (OCA) received the complaint alongside a Sinumpaang Salaysay (sworn statement) from Orlando Pinili y Lacson, who had been detained for violating Section 11, Article 2 of RA 9165, known as the Comprehensive Dangerous Drugs Act. Bautista allegedly claimed to be a legitimate agent for Plaridel Surety and facilitated the processing of Pinili's bail bond, which was later found to have been issued despite the surety company’s expired license.
Investigative Proceedings
Following the receipt of the complaint, the OCA referred the matter to Honorable Manuel M. Tan, the Executive Judge of RTC Balanga City, for investigation and recommendation on April 1, 2004. On May 3, 2004, Bautista provided his affidavit denying familiarity with Pinili and attributing the facilitation of the bail bond to Leopoldo Aringo, the authorized representative of Plaridel Surety. Nevertheless, Bautista acknowledged that he had occasionally suggested where individuals could secure bail bonds without any intention of gain.
Findings of the Investigation
Judge Tan's report dated April 26, 2004, confirmed that Aringo corroborated Bautista's assistance to accused individuals in securing their bail bonds. Despite Bautista's attempts to downplay his involvement, the admission of facilitating bail bond applications was recognized as a violation of Administrative Circular No. 5. Judge Tan suggested a light penalty for Bautista's infraction given the context of the case.
Conclusion and Decision
The OCA found sufficient evidence to conclude Bautista's actions as a violation of the Administrative Circular,
...continue readingCase Syllabus (A.M. No. P-04-1876)
Case Background and Complaint
- Date of Incident: November 18, 2003, when the Office of the Court Administrator (OCA) received a handwritten letter-complaint from an anonymous complainant.
- Complainant's Allegation: The complainant accused Rolando aBoyeta Bautista, a Process Server at the RTC-OCC in Balanga City, Bataan, of violating Administrative Circular No. 5 dated October 4, 1988.
- Circular's Provisions: This circular prohibits judiciary officials and employees from being commissioned as insurance agents or engaging in related activities.
- Supporting Documents: The complainant submitted an affidavit from Orlando Pinili y Lacson, along with documents related to Pinili's bail bond from Plaridel Surety and Insurance Company.
Facts of the Case
- Incident Overview: In July 2003, Orlando Pinili was detained for violating the Comprehensive Dangerous Drugs Act (RA 9165). Bautista allegedly facilitated the processing of Pinili's bail bond.
- Bail Bond Issue: It was revealed that the license of Plaridel Surety was expired at the time it issued the bond for Pinili's provisional liberty.
- Referral to Executive Judge: On April 1, 2004, the OCA referred the complaint to Executive Judge Manuel M. Tan for investigation and report.
Respondent's Defense
- Bautista's Response: On May 3, 2004, Bautista submitted a letter and his affidavit, denying any involvement in Pinili's ba