IN RE:  LETTER OF FREDDIE P. MANUEL, 65 CANAN, PANIQUI, TARLAC, WHICH APPEARED IN THE COLUMN OF POMPEYO NAVARRO’S “ACTION LINE” OF THE MANILA TIMES’ ISSUE OF 28 OCTOBER 1993

A letter, written by a certain Freddie P. Manuel of 65 Canan,
Paniqui, Tarlac, appeared in the column, “Action Line,” of Mr.
Pompeyo Navarro in the Manila Times issue of 28 October 1993. The letter read:

“MY problem concerns the criminal case assigned with Judge
Arnel V. Peralta of the Municipal Trial Court of Paniqui, Tarlac recalling the
warrant of arrest issued by then Judge Gregorio L. Rosete whom he succeeded.

“Rosario Roxas, the accused against whom the warrant of arrest
was issued, is charged with 15 counts of illegal recruitment and 15 counts of
estafa. Thirteen were transferred to RTC but two were retained by Judge
Peralta. Those involving an amount of less than P10,000 became mere estafa cases which were bailed at P2,800/P1,000
respectively. The RTC Judge Dario R.
Navarro issued another warrant of arrest without bail for the apprehension of
the accused.

“As of now, the accused is nowhere to be found and word has
been going around that she is back to her fraudulent activities.

“Sir, can Judge Peralta recall the warrant of arrest issued by
Judge Rosete? Can the accused be on
bail while having 13 more illegal recruitment and estafa cases against
her? Can Judge Peralta be held liable
for the disappearance of the accused? What legal action can we do to have Judge Peralta cancel the bail bond
and produce the accused?

“Whatever help you can extend us will be deeply
appreciated.”

The Office of the Court Administrator required Judge Arnel V.
Peralta to comment. In his compliance,
dated 22 November 1993 (filed with the Court on 23 November 1993), respondent
judge averred that he assumed office only on 05 April 1993, and that the cases
(fifteen [15] for estafa and one [1] for
illegal recruitment against Rosario Roxas pending with the Municipal Trial
Court of Paniqui, Tarlac) referred to in the letter were “inherited
cases.” Then Judge Designate Gregorio Rosete issued, on 01 March 1993, a warrant of
arrest. On 06 April 1993, a day after
he assumed office, Judge Peralta issued, at the instance of one of the
complainants, an alias warrant of arrest. The accused was arrested and detained in the
Municipal Jail of Paniqui, Tarlac.

Judge Peralta set the fourteen (14) cases for preliminary
investigation and proceeded to try the
two (2) other cases (Criminal Cases No. 9736 and No. 9790), both for
estafa. On motion of the accused, Judge
Peralta granted bail for the accused’s provisional release. Upon arraignment, the accused pleaded, “Not
Gulity;” thereafter, she failed to attend subsequent hearings.

During the hearing on the motion for bail, referred to in the preceding
paragraph, the accused’s counsel, as well as the prosecutor, likewise
manifested that Judge Rosete had
not conducted a preliminary investigation before issuing the warrant of
arrest. They thus moved for the recall of said warrant, which respondent
judge granted. The records of the other
fourteen (14) cases were then transmitted to the provincial prosecutor who
conducted a preliminary investigation and who ultimately found probable cause
for thirteen (13) counts of estafa and one (1) count of illegal
recruitment. The corresponding
informations were filed with the Regional Trial Court, Branch 67, Paniqui,
Tarlac, with a recommended bail of P7,000.00 each. Presiding Judge Navarro issued a warrant of arrest but the same
remained unserved since the accused could not be found.

Explaining his recall
of the warrant of arrest issued by Judge Rosete, respondent judge argues that
under Section 6(b), Rule 112, of the Revised Rules on Criminal Procedure, in relation
to Section 1 and Section 3, Article III, of the 1987 Constitution, a warrant of
arrest may be issued only after a preliminary investigation.

In a memorandum, dated 08 December 1993, addressed to Chief
Justice Andres R. Narvasa and approved by Court Administrator Ernani Cruz-Paño,
Deputy Court Administrator Reynaldo L. Suarez opined that Judge Peralta,
instead of recalling outrightly the warrant of arrest, should have deferred
resolution of the motion to recall until after he would have conducted a preliminary
investigation. Finding respondent judge
to have acted precipitately, the Office of the Court Administrator recommended,
thus:

“Wherefore in view of the foregoing, it is respectfully recommended that Judge
Arnel Peralta be REPRIMANDED and ADMONISHED, with a warning that a repetition
of the same or similar acts in the future will be dealt with more
severely.”

In the Court’s resolution, dated 07 March 1994, after considering
the memorandum of the Office of the Court Administrator, the parties were required
to manifest to the Court whether they would be willing to submit the case on
the basis of the pleadings already filed. Respondent judge responded affirmatively on
28 March 1994.

We agree with the report of the Office of the Court
Administrator, finding respondent judge to have been negligent in the
performance of his duties and recommending that he be reprimanded and
admonished accordingly. The right to a
preliminary investigation is a statutory right^[1] that
may be waived by the accused, either expressly^[2] or
impliedly.^[3]
The posting of a bail bond by the accused constitutes such a waiver.^[4]
In Bagcal vs. Villaraza,^[5] we
have also reiterated the rule that although a warrant of arrest is irregularly
issued, any infirmity attached to it is cured when the accused submits himself
to the jurisdiction of the court by applying for bail x x x.”

WHEREFORE, this Court finds Judge Arnel V. Peralta to have
been neglectful in the discharge of his duties; accordingly, he is hereby
REPRIMANDED and WARNED against incurring a similar failure of circumspection in
the future.

SO ORDERED.

Feliciano, (Chairman), Bidin, Romero, and Melo, JJ., concur.

^[1]
Luna vs. Plaza, 26 SCRA 310, citing People vs.
Olandag, 92 Phil. 286; Lozada vs. Hernandez, 92 Phil. 1051.

^[2]
People vs. Ramilo, 57 O.G. 7431.

^[3]
People vs. Casiano, 111 Phil. 73; Nombres vs. People, 105 Phil. 1259.

^[4]
Callanta vs. Villanueva, 77 SCRA 377; Zacarias vs. Cruz, 30 SCRA
728; Luna vs. Plaza, supra.

^[5]
120 SCRA 525.