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MOP, Bk 5, v.5, 66
[ ADMINISTRATIVE ORDER NO. 15, October 28, 1946 ]
SUSPENDING JUDGE VICENTE BAUTISTA OF THE MUNICIPAL COURT OF MANILA PENDING INVESTIGATION OF THE ADMINISTRATIVE CASE FILED AGAINST HIM BY ATTORNEY LORENZO P. MAGTUTU AND DESIGNATING THE HONORABLE MARIANO DE LA ROSA, EXECUTIVE JUDGE OF THE COURT OF FIRST INSTANCE OF MANILA, TO INVESTIGATE THE CASE
An administrative sworn complaint has been presented against Mr. Vicente Bautista, Judge, Municipal Court of Manila, by Atty. Lorenzo P. Magtutu, charging him with irregularities and anomalies in the performance of his duties, to wit:
In view of the foregoing, upon recommendation of the Secretary of Justice and pursuant to section 694 of the Revised Administrative Code, Judge Vicente Bautista of the Municipal Court of Mania is hereby suspended from office pending investigation of and decision on the administrative charges against him.
The Honorable Mariano de la Rosa, Executive Judge of the Court of First Instance of Manila, is herby designated to investigate the administrative charges against Municipal Judge Vicente Bautista and to submit his report and recommendation to the President, thru the Secretary of Justice, as soon as practicable.
Done at the City of Manila this 28th day of October, in the year of Our Lord, nineteen hundred and forty-six, and of the Independence of the Philippines, the first.
By the President:
(Sgd.) EMILIO ABELLO
Chief of the Executive Office
(a) That he holds sessions only once or twice a week;Judge Bautista in his answer to said complaint admits having instructed the docket clerk to impose a fine of P10 on alleged violators of traffic regulations who are willing to pay the fine, whether guilty or not. The report of Executive Judge Guillermo Cabrera of the Municipal Court of Manila states that the charges against Judge Bautista are true and can be substantiated. The preliminary investigation conducted by the Secretary of Justice shows that Judge Bautista often absents himself from office without filing any application for leave of absence, and that even during his absence the docket clerk signs his name to sentences imposing fines on alleged violators of traffic regulations.
(b) That he sets for hearing many cases, criminal or civil, but only a few are tried, and on the following day many are decided without presentation of evidence;
(c) That he sentences many accused without giving them opportunity to answer the complaint or information;
(d) That he authorizes his clerk to impose fines for violation of traffic regulations; and
(e) That the clerk signs warrants of arrest or search warrants without taking declaration under oath of the police officers who apply for said writs.
In view of the foregoing, upon recommendation of the Secretary of Justice and pursuant to section 694 of the Revised Administrative Code, Judge Vicente Bautista of the Municipal Court of Mania is hereby suspended from office pending investigation of and decision on the administrative charges against him.
The Honorable Mariano de la Rosa, Executive Judge of the Court of First Instance of Manila, is herby designated to investigate the administrative charges against Municipal Judge Vicente Bautista and to submit his report and recommendation to the President, thru the Secretary of Justice, as soon as practicable.
Done at the City of Manila this 28th day of October, in the year of Our Lord, nineteen hundred and forty-six, and of the Independence of the Philippines, the first.
(Sgd.) MANUEL ROXAS
President of the Philippines
President of the Philippines
By the President:
(Sgd.) EMILIO ABELLO
Chief of the Executive Office