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Sunday, December 19, 2004
Supreme Court punishes retired judge for 'mishandling' drug case
By Benjamin B. Pulta
MANILA -- A retired Ilocos Norte judge, who was named in an administrative complaint filed by Department of Justice (DOJ) officials, has been fined by the Supreme Court (SC).
In its decision, the High Court's Third Division found former Batac, Ilocos Norte Regional Trial Court (RTC) Branch 18 Judge Alejandrino C. Cabebe, who retired last March, guilty of violation of Supreme Court (SC) rules and fined him P20,000 to be deducted from his retirement benefits.
The complaint was originally lodged by Chief State Prosecutor Jovencito Zuņo on January last year against Cabebe for "knowingly rendering an unjust judgment, gross ignorance of the law and partiality."
Zuņo alleged that a misdeed was committed in a criminal case for illegal possession of prohibited or regulated drugs filed against five suspects including three policemen.
The suspects were Rey Daquep Arcangel, Victorino Gamet Malabed, William Roxas Villanueva, all police officers, Jocelyn Malabed Manuel and Pelagio Valencia Manuel.
On May 6, 2002, the accused filed a motion to dismiss the case, invoking as ground the right of the accused to a speedy trial.
On November 5, 2002, the judge issued an order granting bail to the accused, fixing the bail for each at P70,000 in cash or property bond at P120,000, except for accused Evelyn Manuel, whose bail was fixed at P20,000 in cash.
The judge, the Department of Justice pointed out, issued the bail order without the accused applying for a motion for bail.
The prosecution then filed a motion for reconsideration.
Instead of acting on it, Cabebe issued an order inhibiting from further proceeding with the case.
In his comment, Cabebe denied the charges. While admitting that he issued the order dated November 5, 2002, granting bail to the accused without any hearing, "the same was premised on the Constitutional right of the accused to a speedy trial," and blamed the prosecution for the delay.
In its ruling, the SC said the judge's contention "is bereft of merit and that there is no indication in the records of the criminal case that the prosecution has intentionally delayed the trial of the case."
"Even assuming there was delay, this does not justify the grant of bail without a hearing. This is utter disregard of the rules. The requirement of a bail hearing has been incessantly stressed by this court," the SC ruled.
(December 19, 2004 issue)
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