Nov. 6, 1992
FACTS
The prosecution filed a criminal case for Murder against a certain Eddie Villegas and recommended that no bail be granted for him.
Respondent Judge Alfonso Combong, Jr. presided over the case and thereafter issued a warrant of arrest against Villegas, which warrant had the words “no bail recommended.”
The accused filed a motion for bail despite not having been arrested yet and that very same day, Judge Combong, Jr. granted the said motion without giving a notice and hearing to the prosecution.
Upon learning of the grant of bail a few days later, complainant Pete Pico, the brother of the slain victim, filed an administrative case against Judge Combong, Jr.
Pico alleged serious misconduct and grave abuse of discretion when Judge Combong, Jr. granted bail to Villegas, who was charged with an offense punishable by reclusion perpetua, without notice and hearing and even before Villegas was arrested or detained.
On the other hand, Judge Combong, Jr. admitted failure of holding a hearing on the application for bail; however, he contended that the grant of bail was mere oversight and had no illegal or immoral intention.
He said he deliberately omitted holding a hearing because he was fully convinced that the possibility of Villegas jumping bail “was practically nil.”
ISSUE
Whether or not Judge Combong, Jr. committed gross misconduct.
RULING
YES, Judge Combong, Jr. committed gross misconduct.
In the instant case, where the offense charged is murder and punishable by reclusion perpetua or death, respondent Judge’s deliberate failure to set the application for bail for hearing effectively deprived the People of its right to due process. Granting the application for bail and fixing the amount thereof, absent any taking of evidence as to whether or not the guilt of the accused was strong, constitutes arbitrary, capricious, and whimsical action. Such inexcusable conduct reflects either gross ignorance of the law or a cavalier disregard of its requirements.
Respondent Judge’s acts were inconsistent with the Code of Judicial Conduct. That Code requires judges to act with competence, integrity, and independence and so to behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.
DISPOSITIVE PORTION
WHEREFORE, respondent Judge Alfonso V. Combong is hereby found guilty of serious misconduct in office and is hereby FINED Twenty Thousand Pesos (P20,000.00). In addition, the Court Resolved to CENSURE and WARN the respondent Judge to exercise much greater care and diligence in the performance of his duties as a judge and that the same or similar offense in the future will be dealt with more severely. Respondent Judge is also hereby REQUIRED to furnish the Court a certified true copy of the Death Certificate of the accused Eddie Villegas, plus reasonable proof that the deceased Eddie Villegas is the Eddie Villegas who was charged with murder in Criminal Case No. 667, Regional Trial Court of La Carlota City.
A copy of this Resolution shall be spread on the personal record of respondent Judge in the Office of the Court Administrator.
Full text of the case.
