G.R. No. A.M. No. P-07-2343; August 14, 2007
Atty. Alfonso L. Dela Victoria, complainant, vs. Atty. Maria Fe Orig-Maloloy-on, Clerk of Court, Municipal Trial Court in Cities, Office of the Clerk of Court, Davao City, respondent.

FACTS

Complainant Atty. Alfonso L. Dela Victoria, a former judge, charged respondent Atty. Maria Fe Maloloy-on, Clerk of Court, with gross ignorance of the law. He alleged that on November 12, 2005, he attempted to post a P4,000.00 cash bond for his detained clients, the Verano brothers, after coordinating with the MTCC Executive Judge for a motion to set bail under Rule 114, Section 17(c) of the Rules of Court. Atty. Dela Victoria claimed his representative tendered the bond to Atty. Maloloy-on, but she refused acceptance because the criminal information had not yet been filed with the court. He contended this refusal was unjustified and constituted gross ignorance of procedural rules.
Atty. Maloloy-on, in her defense, narrated that on November 12, she was presented only with a scribbled note indicating an amount, not a formal motion or court order. She verified that the information was still with the City Prosecutor and found no filed motion with the Executive Judge. She advised the parties to return on Monday, assuring priority. The information was filed on November 14, and the Executive Judge ordered the Veranos’ release without requiring bail. She also alleged that Atty. Dela Victoria confronted her on November 17 in a hostile manner, insulting her competence.

ISSUE

Whether respondent Atty. Maria Fe Maloloy-on is administratively liable for Gross Ignorance of the Law for refusing to accept the tendered cash bond.

RULING

No, the respondent is not liable. The Supreme Court dismissed the complaint for lack of merit. The legal logic is anchored on the proper procedure for posting a bail bond when no criminal information has been filed. Under Rule 114, Section 17(c), a person in custody but not yet charged may apply for bail with any court. However, such an application requires a court order fixing the bail amount. The Clerk of Court’s duty to accept a cash bond is ministerial only upon presentation of a corresponding court order.
The Court found that no such order existed when the bond was tendered. Atty. Maloloy-on correctly ascertained the absence of a filed information or a judicial order granting bail. Her actions were prudent and in accordance with her duty to ensure proper procedure. Conversely, the Court found the complaint to be unfounded and filed in bad faith. Atty. Dela Victoria, as a lawyer and former judge, abused his right to litigate by pursuing a baseless administrative charge. Consequently, the Court found him guilty of contempt for filing a frivolous complaint that burdened the judiciary, imposing upon him a fine of P2,000.00 with a stern warning.