DOMINADOR TARECTECAN, COMPLAINANT, VS. MUNICIPAL JUDGE PEDRO T. CRISTOBAL OF MABINI, PANGASINAN, RESPONDENT.

It was a serious charge that had to be faced by respondent Pedro T.
Cristobal who, as Municipal Judge of Mabini, Pangasinan, was proceeded
against administratively for misconduct by virtue of a complaint instituted by
one Dominador Tarectecan.  He was accused of having acted on a complaint
for estafa filed by his own son and having thereafter
issued a warrant of arrest against respondent therein, complainant Tarectecan, who as a consequence was jailed for four days
until he could furnish the bail.  Only
then did respondent Judge disqualify himself. 
That was the finding of the
investigating judge, Gregorio A. Legaspi, of the
Court of First Instance of Pangasinan.  It was so admitted by respondent Judge at the
hearing before this Court.  His attention
was likewise called to Administrative Order No. 248 removing from office
Municipal Judge Pedro R. Rabago of Cagwait, Surigao del Sur.^[1] There, it was shown that respondent Judge Rabago did appear in a civil suit as counsel for his son-in-law, who thereafter filed three criminal
cases against the opposing parties, heard at the stage of preliminary
investigation by such respondent Rabago, although
thereafter desisting from further acting thereon in view of his relationship to
the complainant.  In such administrative
order of President Ferdinand E. Marcos of November 17, 1970 removing such respondent from office, there
is this relevant excerpt: “Evidently, respondent cannot validly plead
ignorance of the circumstances antecedent to and surrounding the filing of
these criminal cases, considering that he is the father-in-law and legal
counsel of Nicostrato Logronio
in Special Proceedings No. 49. In conducting the first stage of the preliminary
investigation and issuing warrants of arrest against the accused in Criminal
Cases Nos. 512 and 514, respondent judge was obviously actuated with improper
and vengeful motives.  He used the powers
of his office not to apply the law with an even hand
but to oppress the opponents of his son-in-law and former client.  Respondent’s actuations clearly show that he
is guilty of gross abuse of the powers of his office constituting serious
misconduct and that he is unfit to remain in the judicial branch of the
Government.”^[2] Respondent Cristobal,
however, did seek to distinguish the above administrative order by stressing
his good faith as contrasted with the alleged political harassment and
persecution that motivated the actuation of respondent Rabago.

However, no further action need be taken by this Court, as his
resignation had been accepted by the President on August 25, 1975. 
All that need further be said is that the other alleged misconduct
imputed to him, namely, the fabrication of a case of estafa
against complainant Tarectecan, was shown to be
without basis.

WHEREFORE, the complaint is dismissed for being
moot and academic.

Castro, C.J., Teehankee, Barredo, Makasiar, Antonio, Muñoz Palma, Aquino, Concepcion, Jr., Martin, Santos, Fernandez, and Guerrero, JJ., concur.

^[1]
66 O.G. 10698 (1970).

^[2]
Ibid, 10699.