G.R. No. A.M. MTJ-00-1255. February 26, 2001
Melvin L. Espino and Estrellita L. Igpit, complainants, vs. Hon. Ismael L. Salubre, Municipal Trial Court, Tagum, Davao del Norte, respondent.

FACTS

Wilfreda Clamucha filed a complaint for frustrated murder before respondent Judge Ismael Salubre’s court against Joemar Telleron and two unknown assailants. After a preliminary investigation, Judge Salubre found probable cause, issued warrants, and later, upon the victim’s death, recommended upgrading the charge to murder. He forwarded the records to the Provincial Prosecutor on September 9, 1997. The prosecutor subsequently filed a murder information before the Regional Trial Court (RTC) on September 30, 1997.
Despite having lost jurisdiction after forwarding the records, Judge Salubre, upon receiving a supplemental sworn statement identifying the previously unknown assailants as Peter Erer and complainant Melvin Espino, conducted a further preliminary examination. He then issued a warrant for their arrest on November 27, 1997. Espino was arrested and detained. The RTC later granted a petition for habeas corpus, ordering Espino’s release because his detention lacked a lawful basis, as the warrant was issued by a court without jurisdiction.

ISSUE

Whether respondent Judge Ismael L. Salubre is administratively liable for Gross Ignorance of the Law for issuing a warrant of arrest after having lost jurisdiction over the criminal case.

RULING

Yes, respondent Judge is guilty of Gross Ignorance of the Law. The legal logic is clear and fundamental. Under the Revised Rules of Criminal Procedure, once a judge conducting a preliminary investigation resolves the case and forwards the records to the prosecutor for the filing of the corresponding information in the proper court, the judge’s authority over the case terminates. The case ceases to be within the judge’s jurisdiction.
In this case, Judge Salubre’s act of forwarding the records to the Provincial Prosecutor on September 9, 1997, was a final disposition of his preliminary investigative authority. The subsequent filing of the information in the RTC confirmed that jurisdiction had vested in the higher court. Therefore, when Judge Salubre conducted another preliminary examination and issued an arrest warrant in November 1997, he acted without any legal authority. His claim of a continuing duty to identify the accused is untenable; that function belonged to the RTC after the information was filed. A judge is required to have basic proficiency in procedural rules. Unfamiliarity with such a fundamental rule on jurisdiction constitutes gross ignorance of the law, which is a serious administrative offense that erodes public confidence in the judiciary. The Court imposed a fine of Five Thousand Pesos (P5,000.00) with a stern warning.