AM MTJ 01 1344; (September, 2001) (Digest)
A.M. No. MTJ-01-1344; September 5, 2001
SPS. LYDIO and LOURDES ARCILLA, complainants, vs. JUDGE LUCIO PALAYPAYON and Branch Clerk of Court REMEDIOS BAJO, MTC, Tinambac, Camarines Sur, respondents.
FACTS
Spouses Lydio and Lourdes Arcilla filed an administrative complaint against Judge Lucio Palaypayon (Ret.) and Clerk of Court Remedios Bajo. They alleged that on September 16, 1997, a complaint for estafa was filed against Lydio Arcilla. Without conducting a proper preliminary investigation, Judge Palaypayon issued a warrant of arrest on the same day, leading to Lydio’s detention. Complainants further claimed that the judge suggested a compromise for temporary release. When Lourdes Arcilla requested certified true copies of the complaint and warrant from Clerk of Court Bajo, she was given only uncertified photocopies.
The complainants also noted Judge Palaypayon’s prior administrative record, having been sanctioned in four previous cases for offenses including gross ignorance of the law and abuse of authority. In their defense, the respondents denied the allegations. The judge insisted he conducted a preliminary investigation, while the clerk of court claimed she provided the requested documents.
ISSUE
Whether respondents Judge Lucio Palaypayon and Clerk of Court Remedios Bajo are administratively liable.
RULING
Yes, both respondents are administratively liable. The Court, adopting the findings of the Court Administrator, held Judge Palaypayon guilty of gross ignorance of the law. While he examined the complainant under oath, he acted with undue haste by issuing the arrest warrant on the very day the complaint was filed, without affording the accused an opportunity to submit counter-affidavits as required by procedural rules. More critically, under prevailing jurisprudence, a judge’s power to order arrest after a preliminary investigation is limited to instances where it is necessary to place the accused in custody to prevent frustration of justice. The judge failed to consider this necessity, issuing the warrant based solely on a finding of probable cause. Given his record of previous administrative penalties, his actions demonstrated a failure to maintain professional competence.
Regarding Clerk of Court Remedios Bajo, the Court found her guilty of irregularity in the performance of duty. Her duty under the Rules of Court is to provide certified copies of court records upon request. By furnishing mere photocopies without the required certification, she failed to adhere to this mandatory responsibility, which is essential for maintaining public accountability and trust in the judiciary.
DISPOSITIVE
Judge Lucio Palaypayon was fined Ten Thousand Pesos (P10,000.00), chargeable against withheld retirement benefits. Clerk of Court Remedios B. Bajo was reprimanded and warned that a repetition would be dealt with more severely.