Scribd
Upload
551 views1 page

Libarios Vs Dabalos A.M.RTJ-89-286, 7-11-91 - ARCENAL

An administrative complaint was filed against Judge Dabalos for issuing an arrest warrant against two individuals accused of murder and fixing their bail without a prior hearing. The issue is whether Judge Dabalos violated the Code of Judicial Conduct. The ruling found that Judge Dabalos did violate the code by failing to hold a required hearing before setting bail for individuals accused of a capital offense like murder. Judge Dabalos was fined 20,000 pesos and warned to exercise more care in performing his duties going forward.

Uploaded by

Evander Arcenal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
551 views1 page

Libarios Vs Dabalos A.M.RTJ-89-286, 7-11-91 - ARCENAL

An administrative complaint was filed against Judge Dabalos for issuing an arrest warrant against two individuals accused of murder and fixing their bail without a prior hearing. The issue is whether Judge Dabalos violated the Code of Judicial Conduct. The ruling found that Judge Dabalos did violate the code by failing to hold a required hearing before setting bail for individuals accused of a capital offense like murder. Judge Dabalos was fined 20,000 pesos and warned to exercise more care in performing his duties going forward.

Uploaded by

Evander Arcenal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

ROAN I. LIBARIOS, complainant, vs. JUDGE ROSARITO F.

DABALOS, respondent
A.M. No. RTJ-89-286; July 11, 1991

FACTS

An administrative complaint was filed by petitioner for and on behalf of his client Mariano
Corvera, Jr. against respondent, for grave ignorance of the law, grave abuse of discretion, gross
misconduct and partiality, relative to the issuance of a warrant of arrest of the respondent judge
against the accused Tranquilino Calo Jr. and Belarmino Allocod for the crime of murder fixing
their bail without any prior hearing.

ISSUE

Whether or not Judge Dabalos violated the New Code of Judicial Conduct

RULING

Yes. A judge should endeavor diligently to ascertain the facts and the applicable law unswayed
by partisan or personal interests, public opinion or fear of criticism. He should not have allowed
himself to be swayed into issuing an order fixing bail for the temporary release of the accused
charged with murder, without a hearing, which is contrary to established principles of law. It has
been an established legal principle or rule that in cases where a person is accused of a capital
offense, the trial court must conduct a hearing in a summary proceeding, to allow the prosecution
an opportunity to present, within a reasonable time, all evidence it may desire to produce to
prove that the evidence of guilt against the accused is strong, before resolving the issue of bail
for the temporary release of the accused. A judge should not only render a just, correct and
impartial decision but should do so in a manner as to be free from any suspicion as to his
fairness, impartiality and integrity. The respondent judge is imposed of a FINE of TWENTY
THOUSAND PESOS (P20,000.00) and WARNED to exercise more 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 severally

You might also like