G.R. No. A.C. No. 153-J December 26, 1969
Manuel Montemayor, complainant, vs. Hon. Erlito Echiverri, respondent.

FACTS

On August 21, 1969, Manuel Montemayor filed administrative charges against Judge Erlito L. Echiverri of the Court of First Instance of Lanao del Norte, Branch IV. The case was referred to Justice Cecilia Muñoz Palma of the Court of Appeals for investigation, report, and recommendation. During the hearing on November 20, 1969, the complainant failed to appear, so the respondent judge was allowed to present his evidence. Based on the evidence, Justice Muñoz Palma found: (1) the respondent judge provided a satisfactory explanation for some delay in acting on a motion to cancel bail; (2) the claim that prosecution witnesses in a double murder case against Willy Bagatan were being threatened was not mentioned in the motion to cancel bail as a supporting ground, and the private prosecutor admitted he was unaware of any threats; (3) there was insufficient evidence showing undue familiarity between the respondent judge and the accused Bagatan; and (4) the respondent judge committed no grave error or serious misconduct in calling the criminal case for trial before resolving the motion to cancel bail, as delaying the arraignment and trial could have rightly been charged as favoring the defendants.

ISSUE

Whether the administrative charges against Judge Erlito L. Echiverri should be sustained based on the allegations of delay, undue familiarity, and misconduct.

RULING

The Supreme Court, after a careful review of the record, entirely agreed with the findings and recommendation of Justice Cecilia Muñoz Palma. The Court dismissed the administrative case against Judge Erlito L. Echiverri.