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a. Letter
dated
19
December
1994
supposedly signed by a certain Herman
Ponce and Julie Abad for Isabela Sugar
Company (ISC) (a copy of which is attached
as Annex E), which states:
December 19, 1994
Urban Bank
Urban Avenue, Makati
Metro Manila
Gentlemen:
This has reference to your property located
among Roxas Boulevard, Pasay City which
you purchased from Isabela Sugar Company
under a Deed of Absolute Sale executed on
December 1, 1994.
b.
Letter dated 9 December 1994
supposedly executed by the same Marilyn
Ong, a copy of which is hereto attached as
Annex G, which states:
December 9, 1994
By:
HERMAN PONCE
JULIE ABAD
b. Memorandum dated 7 December 1994
supposedly executed by a certain Marilyn
(a) x x x.
(b) Where filed directly with the Municipal
Trial Court. If the complaint or information is
filed directly with the Municipal Trial Court,
the procedure provided for in Section 3(a) of
v.
v.
RESOLUTION
AUSTRIA-MARTINEZ, J.:
Before us is a verified letter-complaint dated August 10, 2001,
filed by Atty. Juliana Adalim-White against Judge Arnulfo O.
Bugtas, Presiding Judge, Branch 2, Regional Trial Court
(RTC) of Borongan, Eastern Samar, for ignorance of the law
relative to Criminal Case No. 10772 entitled People of the
Philippines vs. Manuel Bagaporo, Jr.
The full text of the letter-complaint is as follows:
I bring to the attention of your
Honors the act of Honorable Judge Arnulfo
O. Bugtas, Presiding Judge, Branches I and
II, Regional Trial Court, Borongan, Eastern
Samar for ordering the Release on
Recognizance [of] Mr. Manuel Bagaporo,
Jr., a convict of frustrated murder before
terminating service of the minimum penalty,
and pending the approval of the prisoners
application for parole.
Thank you.[1]
In an Indorsement dated August 28, 2001, the Office
of the Court Administrator directed respondent to file his
comment to the complaint.[2]
On October 29, 2001, respondent filed his Comment
admitting that he issued an order allowing Manuel Bagaporo,
Jr. (Bagaporo) to be released upon recognizance of the
Provincial Jail Warden of Eastern Samar, Alexandrino R.
Apelado, Sr. Respondent avers that: Bagaporo was convicted
by the trial court of the crime of frustrated murder and meted
the penalty of imprisonment ranging from four years and two
months to eight years and one day; Bagaporo served sentence;
subsequently, he filed an application for release on
recognizance; in support of his application, Provincial Jail
Warden Apelado issued a certification to the effect that
Bagaporo has been confined at the Provincial Jail since
February 9, 1996 and is already entitled to parole; another
certification was issued by Supervising Probation and Parole
Officer Eulalia R. Columbretis showing that Bagaporo had
applied for parole in line with the Department of
Justices Maagang Paglaya Program. Respondent contends
that on the basis of these certifications and on the rule that bail
being discretionary upon conviction by the RTC of an offense
not punishable by death, reclusion perpetua or life
imprisonment, the court granted Bagaporos application for
bail upon recognizance of Apelado.[3]
In our Resolution of November 25, 2002, we directed
the parties to manifest to this Court if they are willing to
submit this case for resolution on the basis of the pleadings
filed.[4]
In his Manifestation dated January 27, 2003,
respondent requested that a formal investigation be conducted
to enable him to face his accuser.[5] On the other hand, despite
due notice, complainant failed to comply with the November
25, 2002 Resolution of this Court.
the penalty and the offense are within the purview of the
Probation Law.
ESTHER
P.
MAGLEO, Complainant,
vs.
PRESIDING JUDGE ROWENA DE JUAN-QUINAGORAN
and BRANCH CLERK OF COURT ATTY. ADONIS
LAURE, BOTH OF BRANCH 166, REGIONAL TRIAL
COURT, PASIG CITY, Respondents.
DECISION
MENDOZA, J.:
This administrative case stemmed from a sworn ComplaintAffidavit, dated July 12, 2011, filed by Esther P. Magleo
(complainant) charging respondents Judge Rowena De
Juan-Quinagoran (respondent judge) and Atty. Adonis A.
Laure, Clerk of Court V (respondent CoC), both of the
Regional Trial Court, Branch 166, Pasig City (RTC), with
Gross Misconduct, Gross Partiality, Acts Unbecoming a
Member of the Judiciciary, Violation of the Code of Judicial
Conduct, and Conduct Unbecoming a Court Personnel
relative to Criminal Case No. 137860-PSG, entitled People
of the Philippines v. Esther Magleo y Pampolina, for Estafa
under Article 315, paragraph 1(b) of the Revised Penal
Code.
1
The next day, on June 16, 2011, complainants son and her
lawyer talked to respondent judge and the latter agreed to
fix the amount of bail at P40,000.00. Respondent judge,
however, initially refused to sign the order and advised
them to file a motion to lift the warrant of arrest.
Complainant averred that when her son inquired why the
same was not signed, the court secretary arrogantly said,
"Huwag mo na ako tanungin, yun ang order ni Judge
makikipagtalo ka pa e sumunod ka na lang, wala ka
namang magagawa." Thereafter, upon filing of an ex-parte
Motion to Lift Warrant of Arrest, respondent judge granted
the same and complainant was released from NBI custody
around 5:30 oclock in the afternoon of the same day. To
aggravate her ordeal, police officers proceeded to
complainants house on June 27, 2011 to enforce anew the
warrantof arrest, but her counsel sent an e-mail to the
arresting officer, furnishing him a copy of the order lifting the
order of arrest.
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xxxx
The RTC Branch 161 should have ruled on the
prosecutions Formal Offer of Evidence before acting on
petitioners Demurrer to Evidence. Having failed to do so,
there is nary a doubt that no double jeopardy attached.
Petitioners blind insistence that she is made to face trial
after having been acquitted carries no conviction.
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