A.M. No.

P-01-1472 June 26, 2003 Nowhere in that provision does it provide that, absent a judge, the clerk of
court has the power to issue detention orders which is clearly judicial in
ADRIANO V. ALBIOR, Complainant, vs. nature. The good faith defense of Auguis does not excuse his behavior. If a
DONATO A. AUGUIS, Clerk of Court II, 4th Municipal Circuit Trial Court judge is not available, the detaining officer must release the accused upon
(MCTC), Talibon-Getafe, Bohol, Respondent. the expiration of the maximum period of detention allowed in Art. 125 of
the RPC. In this case, Edilberto was detained for a period of 56 days from
FACTS: Edilberto Albior is the son of the complainant/petitioner in this the time he was unlawfully arrested.
case> is the Clerk of Court of the MCTC of Talibon Bohol. 2 informations for
rape was filed against Edilberto before the sala of Judge Avelino Puracan of
which Auguis was the clerk of court who received the complaints. Auguis
immediately issued an order for the detention of Edilberto. This order was
directed to the BJMP. Edilberto was detained. Claiming that his son was
illegally detained because no warrant was issued for his arrest and neither
was there a preliminary investigation, complainant filed a motion for the
release of Edilberto but was ignored by Auguis. This forced the complainant
to sue for Habeas Corpus. During the Habeas Corpus trial, Auguis testified
that this was not the first time he ordered the commitment of persons but
said he did so in the best interest of those persons and upon request of the
Chief of Police. He justified his actions by saying that since PNP jails didn’t
have meal provisions for detainees, he ordered their commitment to BJMP
facilities. The court, in the Habeas Corpus proceedings, found the detention
illegal and ordered the release of Edilberto. On the same day, a preliminary
investigation was conducted and in an Omnibus Motion, confirmed the
arrest of the accused.

Complainant then filed an administrative case against Auguis for usurpation

of judicial functions before the Office of the Court Administrator. The OCA
found Auguis administratively liable and imposed a fine of 3,000 with a
warning not to repeat the violations anymore.

ISSUE: What crime is Auguii liable for? – Delay in the delivery of detained
persons to proper judicial authorities

HELD: The functions of the clerk of court are clearly defined in Section 5
Rule 136 of the Rules of Court.