A.M. No. MTJ-01-1376. January 23, 2002.
SPO1 Eduardo Cañeda and SPO1 Charlito Duero, complainants, vs. Hon. Quintin B. Alaan, Acting Presiding Judge, MTCC, Branch 1, Surigao City, respondent.

FACTS

Complainants, police officers, apprehended two suspects for illegal discharge of firearms and possession of unlicensed high-powered weapons during the election period. The suspects were identified as bodyguards of a local politician. A complaint was filed with the City Prosecutor. On the same day, a Sunday evening, the suspects filed an application for bail directly at the residence of respondent Judge Quintin B. Alaan. At around 8:10 p.m., Judge Alaan issued an order granting bail and directing the suspects’ release.
The complainants alleged gross misconduct and impropriety. They asserted that Judge Alaan should have inhibited himself because his wife and brother-in-law were candidates of the political party (PMP) that the suspects’ principal belonged to, creating an appearance of bias. They also contended the judge violated procedural rules by granting bail without notice to the prosecutor and by fixing an insufficient amount given the gravity of the offense and election context.

ISSUE

Whether respondent Judge Alaan is administratively liable for his actions in granting the application for bail.

RULING

Yes, the Supreme Court found Judge Alaan liable for violating the Code of Judicial Conduct. The Court emphasized that while bail is a constitutional right in non-capital offenses, the judge failed to adhere to fundamental procedural and ethical standards. Procedurally, prior notice to the prosecutor or a request for his recommendation is mandatory before granting bail, a requirement the judge ignored. This deprived the prosecution of an opportunity to be heard on a crucial matter.
More critically, the judge’s actions created an undeniable appearance of impropriety. By accepting and acting upon the bail application at his residence on a Sunday night, immediately before an election, and under circumstances where the accused were connected to a political faction opposed to that of the complainants’ principals, Judge Alaan failed to distance himself from situations liable to cast doubt on his impartiality. Judges must not only be impartial but must also avoid any conduct that would reasonably create a perception of bias or impropriety. His failure to consider the heightened risk of flight given the election-related nature of the charge further demonstrated a lack of judicial circumspection. For these infractions, the Court imposed a fine of Five Thousand Pesos (P5,000.00) with a stern warning.