A.M. No. 898-MJ December 14, 1978
Carlos L. Jimena, complainant, vs. Hon. Orlando B. Relano, respondent.

FACTS

Complainant Carlos L. Jimena, an attorney, filed an administrative complaint against Municipal Judge Orlando B. Relano of Pres. Roxas, Capiz. The first charge alleged that on January 21, 1975, Leonardo Tabasco was arrested and detained overnight by virtue of a warrant issued by Judge Relano, despite no criminal complaint having been filed against him. The complainant asserted that the judge was primarily responsible for this arbitrary detention due to his negligence in including Tabasco’s name in the warrant. The second charge accused Judge Relano of failing to perform his duties under Republic Act No. 3828 , which requires a judge to personally examine witnesses through searching questions and answers before issuing a warrant of arrest.
Judge Relano denied the charges in his comment. The case was referred for investigation to Executive Judge Pelayo V. Nuevo. During the investigation, the complainant and his witnesses failed to appear despite notice. The investigator, noting that administrative proceedings are not bound by strict technical rules, required the respondent to present evidence in his defense, treating the allegations as matters of record requiring explanation.

ISSUE

Whether respondent Judge Orlando B. Relano is administratively liable for (1) issuing a warrant of arrest against a person against whom no complaint was filed, leading to arbitrary detention, and (2) failing to conduct the required preliminary examination of witnesses before issuing a warrant of arrest.

RULING

The Supreme Court dismissed the complaint and exonerated Judge Relano. On the first charge, the evidence established that a warrant for the arrest of “Leonardo Tabasco” (among others) was legitimately issued in Criminal Case No. 2173 for malicious mischief. The clerk-stenographer made a clerical error by typing “Leonardo” instead of “Leonardo.” This error was corrected by canceling the letter “o” in the name on both the caption and body of the warrant before Judge Relano signed and issued it. The arrest of Leonardo Tabasco was thus made under a validly issued and corrected warrant, negating any finding of negligence or arbitrary detention attributable to the judge.
On the second charge, the Court found that Judge Relano complied with the legal requirement for issuing a warrant. The record of Criminal Case No. 2173 contained a sworn complaint and the affidavits of two witnesses. More importantly, it included a transcript showing that the judge personally examined the complainant under oath, asking searching questions before issuing the warrant. This transcript, forming part of the record, conclusively demonstrated compliance with the mandate of Republic Act No. 3828 . The Court approved the investigator’s findings and recommendations, noting they were substantially supported by evidence and law. The Court also observed that the complaint appeared motivated by a related civil dispute, reserving the respondent’s right to file a disciplinary action against Atty. Jimena.