G.R. No. A.M. No. MTJ-95-1065. January 20, 1998.
JOSEPHINE R. TULIAO, complainant, vs. JUDGE JOSE O. RAMOS, Municipal Trial Court, Echague, Isabela, respondent.

FACTS

On March 3, 1995, a criminal complaint for homicide was filed against Gallego Adona for the killing of Randy Ramos Tuliao, son of complainant Josephine R. Tuliao. Respondent Judge Jose O. Ramos conducted the preliminary investigation on March 8, 1995. On March 16, 1995, he directed the accused to submit a counter-affidavit, which was filed on March 24, 1995. On April 3, 1995, finding probable cause, respondent issued a warrant of arrest and on the same day approved a personal bail bond in the amount of P20,000.00 posted on March 23, 1995, by Commonwealth Insurance Company (COMMONWEALTH), purportedly signed by its Senior Vice President Rolando B. Francisco.
On April 8, 1995, the parents of the deceased informed respondent that the bail bond was falsified, presenting a letter from COMMONWEALTH’s Operations Manager stating the company had ceased issuing bail bonds since February 24, 1992. Respondent then ordered the bond’s cancellation and the accused’s immediate arrest.
On July 11, 1995, complainant filed an administrative complaint against respondent Judge for: (1) negligence in approving a fraudulent bail bond; (2) failure to terminate the preliminary investigation within the period prescribed in Section 3, Rule 112; and (3) failure to transmit the records to the Provincial Prosecutor as required by Section 5, Rule 112. Complainant submitted evidence including an affidavit from Rolando B. Francisco stating his employment ended on August 17, 1992, and that the signature on the bond was a forgery; a Certificate of Authority from the Insurance Commission showing COMMONWEALTH’s authority to issue bail bonds was withdrawn effective July 1, 1992; an affidavit of publication from the Philippine Daily Inquirer; and a Certification from the Supreme Court Documentation Unit that COMMONWEALTH’s authority was valid only until February 24, 1992.
In his comment, respondent explained the bail bond appeared on its face to be in order, accompanied by a Supreme Court clearance, an Insurance Commission Certificate of Authority, and a certification from the RTC of Tarlac Clerk of Court that COMMONWEALTH had no pending liability there. He claimed his approval was an honest mistake. He also stated he did not immediately approve the bond but first required a certification from the Tarlac RTC Clerk of Court, which he received. Regarding the delay, he averred the preliminary investigation was not completed as clarificatory questions were needed, and a hearing set for April 7, 1995, did not proceed because the accused had gone into hiding.
The case was referred to Acting Executive Judge Henedino P. Eduarte for investigation, who found the charges substantiated and sufficient to warrant dismissal. However, respondent had already retired by the time of the report.

ISSUE

Whether respondent Judge Jose O. Ramos is administratively liable for negligence in approving a fraudulent bail bond and for failure to terminate the preliminary investigation within the prescribed period.

RULING

Yes, respondent Judge is administratively liable.
The Supreme Court found respondent negligent in approving the fraudulent bail bond. The bond and its attachments were fake. Respondent was charged with notice that COMMONWEALTH was not authorized to transact business with the courts, as lower courts had received a list from the Office of the Court Administrator identifying companies not authorized, which included COMMONWEALTH. The bail bond miserably failed to comply with the specific requisites for a surety bond outlined in the Manual for Clerks of Court, such as photographs of the accused, an affidavit of justification, a valid Supreme Court clearance, a certificate of compliance with OIC Circular, authority of the agent, and a current certificate of authority from the Insurance Commission. The supporting documents were mere xerox copies, and prudence demanded respondent require originals before approval. The certification from the Tarlac RTC Clerk of Court only stated COMMONWEALTH had no pending liability in that court, not that it was authorized or not blacklisted. Furthermore, the circumstance that the bail bond was procured on March 23, 1995, before the accused’s arrest on April 3, 1995, was deemed incredible unless there was connivance.
Regarding the delay in the preliminary investigation, respondent violated Sections 3 and 5 of Rule 112 by not resolving the investigation and transmitting the records within the prescribed period. His claim that clarificatory questions were needed did not justify the delay.
Considering respondent had a previous administrative case (A.M. No. MTJ-92-6-25) where he was fined for gross ignorance of the law and dereliction of duty, and that this complaint was filed before his retirement was approved, the Court retained authority to pursue the action. While cessation from office due to retirement does not warrant dismissal of an administrative complaint, the recommended penalty of forfeiture of all retirement benefits was deemed too harsh.
WHEREFORE, respondent Judge Jose O. Ramos is found guilty of negligence for approving a fraudulent bail bond and failure to terminate the preliminary investigation within the prescribed period. A fine of P20,000.00 is imposed, to be deducted from whatever retirement benefits may be due him.