G.R. No.: A.M. MTJ-93-855
Date: August 10, 1994

Case Parties: Chief Inspector Alfonso H. Mardoquio, complainant, vs. Judge Evelio Ilanga, respondent.

FACTS

On August 17, 1993, PNP Chief Inspector Alfonso H. Mardoquio filed an administrative complaint against Judge Evelio Ilanga of the Municipal Trial Court, Dumangas, Iloilo, for ignorance of the law by issuing an illegal order. The complaint stemmed from an incident on June 25, 1993, when PNP members from Calinog, Iloilo, sought assistance from the Dumangas PNP Station to follow up a missing motorcycle suspected to be in the custody of Nerio Arboleda. The police found the motorcycle with a tampered engine number in Arboleda’s possession at Dumangas Polytechnic College and brought it to the station for examination, to which Arboleda did not object. That evening, respondent Judge, allegedly under the influence of liquor, went to the PNP Dumangas Station, interceded for the vehicle’s release, and issued a handwritten order for its release.
In his comment, respondent Judge denied the accusations. He explained that Arboleda and his father-in-law, Daniel Delariarte, Jr., visited him at home that evening, pleading for help to release the impounded vehicle, which Arboleda claimed was donated by his aunt in 1988 and was urgently needed for his sickly wife. Respondent Judge accompanied them to the police station and, finding complainant absent, issued a handwritten “order” for the motorcycle’s immediate release, instructing a police officer to enter it in the blotter. He assured the officer he would discuss the matter with complainant the next day, which he did, explaining the vehicle was Arboleda’s only transportation for his sick family and could be returned if evidence warranted. Judge Ilanga also noted the vehicle was taken without a search warrant, lawful order, or receipt.
The Office of the Court Administrator recommended a fine equivalent to one month’s salary and a stern warning. Both parties later agreed to submit the case for decision based on the pleadings.

ISSUE

Whether respondent Judge Evelio Ilanga is administratively liable for gross misconduct for issuing a release order for an impounded motor vehicle that was not the subject of any case pending before his court.

RULING

Yes, respondent Judge is guilty of gross misconduct. The Court found that the impounding of the motor vehicle was not the subject of any case pending before respondent Judge; thus, he acted without authority or jurisdiction to issue the release order. It was not his role to decide whether proper procedures were followed in the confiscation. The Court emphasized that a judge, both in and out of court, must act with circumspection, as his conduct reflects on the dignity of the entire judiciary. As a municipal trial judge, he occupies a forefront position closest to the public and must act with constancy and probity. For failing in this responsibility, the Court imposed a fine of P2,000.00 and a warning that similar future infractions would be severely penalized.