EUSEBIO N. MUÑOZ, COMPLAINANT, VS. JUDGE ALEJANDRO T. VIOJAN, MUNICIPAL JUDGE, STO. NIñO, WESTERN SAMAR, RESPONDENT.

Administrative case against a municipal judge for grave abuse of
authority, misconduct, malicious delay in the administration of justice and
violation of Articles 204 to 208, inclusive, of the Revised Penal Code, in that
the respondent judge inhibited himself from hearing Criminal Cases Nos. 1602
and 1606 without justifiable grounds thus suspending
the proceedings for an unreasonable length of time to the prejudice of the
complainants therein.

It appears that on April
18, 1973, one Eufrocina Montes filed a complaint
with the Municipal Court of Sto. Niño,
Western Samar, charging Cristobal Rabasto and Rodolfo Teves with the crime of qualified theft of coconuts valued
at P35.00.  The case was docketed therein
as Criminal Case No. 1602.  On that same
day, the respondent judge conducted a preliminary examination and finding
Rodolfo Teves innocent, dismissed the charges against
him.  There was probable cause, however,
that the crime of qualified theft had been committed and that the accused Cristobal Rabasto had committed
it so that the respondent judge issued a warrant for his arrest and fixed the
bail bond at P5,000.00.^[1]

On May 8, 1973,
another complaint for qualified theft was filed with the said municipal court
by Jorge Fajardo against Eugenia Jarangdon,
Vicente Somile, and Pacita Arpon.  The case was
docketed therein as Criminal Case No. 1606. 
The respondent judge conducted a preliminary examination, and finding a
prima facie case against the three accused, issued a warrant for their arrest.^[2]

On May 10, 1973,
however, the respondent judge issued an order inhibiting himself
from hearing Criminal Cases Nos. 1602 and 1606 on grounds stated under Section
1, Rule 137 of the Revised Rules of Court. 
The order was endorsed to District Judge Leon Rojas, Jr. of the Court of
First Instance of Calbayog City who approved the
order of inhibition on May 15, 1973
and designated Judge Ignacio Zanoria of the Municipal
Court of Almagro, Samar,
to hear and decide the said Criminal Cases Nos. 1602 and 1606.^[3]

Pursuant thereto, Judge Ignacio S. Zanoria
assumed jurisdiction over said cases and on June 1, 1973, he issued an order,
in Criminal Case No. 1606, dismissing the said case as against the accused
Vicente Somile and Pacita Arpon.^[4]
On June 22, 1973, Judge Zanoria, upon motions of the Provincial Fiscal, dismissed
Criminal Cases Nos. 1602 and 1606.^[5]

Commenting on the charges filed against him, the respondent Judge
denied that he had committed a grave abuse of authority, misconduct, malicious
delay in the administration of justice, nor violated the provisions of Articles
204 to 208, inclusive, of the Revised Penal Code, stating that the said
complaint was filed to harass and dishonor, discredit and blacken him, and
intended to under­mine the people’s trust and confidence in the administration
of justice.

From the facts heretofore related, there cannot be any doubt that
the respondent Judge is innocent of the charges of dereliction of duty,
misconduct, or malfeasance in office filed against him.  There is no evidence that his intention in
disqualifying himself from hearing Criminal Cases Nos. 1602 and 1606 was to
maliciously delay the proceedings to the prejudice of the parties therein.  On the other hand, the order of
disqualification was approved by the District Judge of the province and Judge Zanoria, to whom the cases were assigned, acted with
dispatch.

As aptly pointed out by the respondent judge, the complainant was
bent on harassing and maligning his good name because the complainant insisted
on filing this complaint on June 4, 1973, despite the fact that Judge Zanoria had already assumed jurisdiction over the said
criminal cases and had dismissed the charges against Vicente Somile and Pacita Arpon.

WHEREFORE, judgment is rendered dismissing the
administrative charges filed against Judge Alejandro T. Viojan
by Eusebio N. Muñoz for
grave abuse of authority, misconduct, malicious delay in the administration of
justice and violation of Articles 204 to 208, inclusive, for lack of merit.

SO ORDERED.

Fernando, (Chairman), Barredo,
Antonio, Aquino, and
Santos, JJ., concur.

^[1] Rollo, p. 19.

^[2] Id.,
p. 15.

^[3] Id.,
p. 20.

^[4] Id.,
p. 21.

^[5] Id., p.
22, 23.