SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

*
A.M. No. P-01-1472. June 26, 2003.
(Formerly OCA IPI No. 99-688-P)

ADRIANO V. ALBIOR, complainant, vs. DONATO A.

AUGUIS, Clerk of Court II, 4th Municipal Circuit Trial
Court (MCTC), Talibon-Getafe, Bohol, respondent.

Courts; Court Officers; Clerks of Court; Respondent clerk of

court is not empowered to issue the questioned detention
order.The OCA report stresses that respondent clerk of court is not
empowered to issue the questioned detention order. The duties of a
clerk of court in the absence of the judge are defined under Section
5, Rule 136 of the Rules of Court: SEC. 5. Duties of the clerk in the
absence or by direction of the judge.In the absence of the judge,
the clerk may perform all the duties of the judge in receiving
applications, petitions, inventories, reports, and the issuance of all
orders and notices that follow as a matter of course under these
rules, and may also, when directed so to do by the judge, receive the
accounts of

_______________

* EN BANC.

2 SUPREME COURT REPORTS ANNOTATED

Albior vs. Auguis

executors, administrators, guardians, trustees, and receivers, and

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

all evidence relating to them, or to the settlement of the estates of

deceased persons, or to guardianships, trusteeships, or
receiverships, and forthwith transmit such reports, accounts, and
evidence to the judge, together with his findings in relation to the
same, if the judge shall direct him to make findings and include the
same in his report.
Same; Same; Same; Nowhere in the Rule is the clerk of court
authorized to issue an order of detention, as such function is purely
judicial.Indeed nowhere in the Rules is the clerk of court
authorized to issue an order of detention, as such function is purely
judicial. In fact, we already had occasion to rule that a clerk of
court, unlike a judicial authority, has no power to order the
commitment of a person charged with a penal offense.
Same; Same; Same; The arresting officer is duty-bound to
release a detained person, if the maximum hours for detention
provided under Article 125 of the Revised Penal Code had already
expired.The Deputy Ombudsman for the Visayas aptly pointed
out that where a judge is not available, the arresting officer is duty-
bound to release a detained person, if the maximum hours for
detention provided under Article 125 of the Revised Penal Code had
already expired. Failure to cause the release may result in an
offense under the Code, to wit: ART. 125. Delay in the delivery of
detained persons to the proper judicial authorities.The penalties
provided in the next preceding articles shall be imposed upon the
public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such person to the proper
judicial authorities within the period of: twelve (12) hours, for
crimes or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; and thirty-six (36) hours,
for crimes or offenses punishable by afflictive or capital penalties, or
their equivalent.
Same; Same; Same; A clerk of court is a ranking and essential
officer in the judicial system. His office if the hub of activities. He
performs delicate administrative functions essential to the prompt
and proper administration of justice.Once again, it bears
emphasizing that the behavior of everyone connected with an office
charged with the dispensation of justice, from the presiding judge to
the clerk of lowest rank, should be circumscribed with a high degree
of responsibility. Their conduct at all times must not only be
characterized by propriety and decorum, but above all else must be

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

in accordance with the Constitution and the law. A clerk of court,

such as herein respondent, is a ranking and essential officer in the
judicial system. His office is the hub of activities. He performs
delicate administrative functions essential to the prompt and proper
administration of justice.

VOL. 405, JUNE 26, 2003 3

Albior vs. Auguis

Same; Same; Same; Ignorance of the law excuses no one from

compliance therewith, especially a clerk of court who ought to know
better than an ordinary layman.Respondent needs no reminder
that as an important officer in the dispensation of justice, one of his
primary duties is to uphold the fundamental law of the land. His
defense that he is not a lawyer or law graduate and so is excusably
ignorant of the legal implications of his detention order, deserves
scant consideration. Ignorance of the law excuses no one from
compliance therewith, especially a clerk of court who ought to know
better than an ordinary layman.
Same; Same; Same; Because of the order for the arrest of the
accused and resultant confinement in police custody, the respondent
unduly usurped the judicial prerogative of the judge, and such
usurpation is equivalent to grave misconduct.Misconduct is a
violation of some established and definite rule of action, more
particularly unlawful behaviour as well as gross negligence by the
public officer. To warrant dismissal from the service, the misconduct
must be serious, important, weighty, momentous and not trifling. It
must also have direct relation to, and connected with the
performance of official duties amounting either to
maladministration or willful, intentional neglect or failure to
discharge the duties of the office. Because of the order for the arrest
of the accused and resultant confinement in police custody, the
respondent unduly usurped the judicial prerogative of the judge,
and such usurpation is equivalent to grave misconduct.

ADMINISTRATIVE MATTER in the Supreme Court.

Usurpation of Judicial Function and Negligence in the
Performance of Official Duties.

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

The facts are stated in the resolution of the Court.

RESOLUTION

PER CURIAM:

Respondent Donato Auguis, Clerk of Court II of the

1
Municipal Circuit Trial Court, Branch 4, Talibon-Getafe,
Talibon, Bohol, is charged by Adriano Albior, of usurpation
of judicial function and negligence in the performance of
official duties. According to complainant, respondent
usurped judicial functions when he issued the order for the
detention of one Edilberto Albior, the son of com-

_______________

1 Sometimes spelled as Getate or Jetafe in other parts of the

records.

4 SUPREME COURT REPORTS ANNOTATED

Albior vs. Auguis

plainant. Further, complainant alleged that respondent

committed negligence when he failed to inform Acting
Presiding Judge Avelino N. Puracan of that court regarding
the filing of cases that necessitated issuance of the detention
order.
The antecedent facts of this administrative matter are as
follows:
2
On January 25, 1999, two complaints for rape were filed
against Edilberto Albior before the MCTC, Branch 4 in
Talibon-Getafe, Talibon, Bohol. As clerk of court of the said
court, respondent Auguis received and filed the complaints
which were docketed as Criminal Case Nos. 9144 and 9145.
3
The following day, respondent issued a detention order to
the Bureau of Jail Management and Penology (BJMP) in
San Jose, Talibon, Bohol, for the commitment of the accused
Edilberto Albior. On January 27, 1999, the BJMP duly
4
issued a receipt of detainee for the person of the accused.

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

According to complainant, said order was issued without

a prior preliminary investigation and without a warrant of
arrest. Neither was there any record in the Police Blotter of
the accuseds apprehension, or of his surrender. Nor was
there proof that he signed a waiver for his detention. Whats
more, the respondent failed to inform Acting Municipal
Judge Avelino Puracan regarding the filing of the
5
complaints for rape before his sala.
On February 23, 1999, counsel for the accused then filed
6
an urgent motion to release the accused. Two days later,
respondent issued a subpoena, directing the accused to
submit counter-affidavits for the preliminary investigation
of the charges of rape. But no further action was taken by
7
the court. Accused through counsel filed a second motion on
March 1, 1999. Again, the motion was not acted upon.
Having no other recourse to regain his liberty, the
accused filed a petition for habeas corpus on March 15, 1999,
with the Regional Trial Court of Bohol, Branch 52. During
the habeas corpus pro-

_______________

2 Rollo, pp. 10-11.

3 Id., at p. 9.
4 Ibid.
5 Id., at p. 13.
6 Id., at pp. 13-14.
7 Id., at pp. 15-16.

VOL. 405, JUNE 26, 2003 5

Albior vs. Auguis
8
ceedings, the respondent testified that this was not the first
time he issued a detention order without a warrant of arrest.
He testified that he has done this action many times
9
already in the past, upon the request of the Chief of Police
of the Philippine National Police in Talibon. He reasoned
out that it was in the best interest of the detainees to be
transferred from the PNP jail to the BJMP because the
former did not have meal provisions for detainees.

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

After due hearing, the RTC Judge Zeta V. Villamayor

10
issued an order on March 25, 1999, finding that the
accused was being illegally restrained of his liberty and
ordering his immediate release from confinement. On the
same day, the MCTC conducted a preliminary examination
of the prosecutions witnesses and issued an Omnibus
11
Order confirming the arrest of the accused.
On April 12, 1999, counsel for the accused filed a motion
12
for reinvestigation with the Department of Justice,
assailing the validity of the Omnibus Order. He maintained
that no warrant of arrest was ever issued against his client
and as such, no confirmation of such arrest may be
undertaken.
On June 2, 1999, the father of the accused, herein
13
complainant Adriano Albior, filed a letter-complaint with
the Deputy Ombudsman for the Visayas. Complainant
charged respondent of usurpation of judicial functions and
negligence in the performance of duties, in connection with
the detention of his son, Edilberto Albior.
14
In a resolution dated June 3, 1999, the Deputy
Ombudsman referred the letter-complaint to the Office of
the Court Administrator (OCA) for appropriate action. On
15
May 8, 2000, the Ombudsman issued a resolution
dismissing the criminal complaint for usurpation of judicial
function as defined under Article 241 of the Revised Penal
16
Code. However, he recommended the filing of an informa-

_______________

8 Id., at pp. 29-31.

9 See Id., at p. 31.
10 Id., at pp. 46-47.
11 Id., at p. 93.
12 Id., at pp. 94-96.
13 Id., at pp. 3-7.
14 Id., at pp. 100-101.
15 Id., at pp. 117-119.
16 ART. 241. Usurpation of judicial functions.The penalty of arresto
mayor in its medium period to prision correccional in its minimum

6 SUPREME COURT REPORTS ANNOTATED

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

Albior vs. Auguis

tion with the proper court for violation17 of Section 3 (e) of the
Anti-Graft and Corrupt Practices Act.
Acting on the letter-complaint, the OCA required
respondent to file a comment18
to the complaint. Respondent
filed his counter-affidavit. Respondent claims that he
issued the detention order only after the PNP Chief and
PNP Trial Officer of Talibon repeatedly requested him to do
so. The respondent asserts that it was out of honest
conviction that he was only helping the accused and his
relatives. He was merely sparing them the trouble of having
to bring meals to the accused, as the municipal jail where
the latter was detained did not serve food to19 its prisoners.
Respondent also appended the affidavit of Police Senior
Inspector Lecarion P. Torrefiel, the PNP Chief of Police of
Talibon. In it the Police Chief stated that he personally
requested the respondent to immediately issue a detention
order in order to transfer the accused to the BJMP jail,
where he is ensured of three square meals a day. The Chief
explained that the municipality did not have a budget for
meals of detainees at the PNP jail, hence, it is alleged that
respondents action was intended purely for humanitarian
reasons. Nothing is said, however, why the local
government unit allows this inhumane practice. The Chief
of Police himself appears blissfully ignorant of the human
rights aspects of the matter for which his command could be
held accountable.

_______________

period shall be imposed upon any officer of the executive branch of

the Government who shall assume judicial powers or shall obstruct the
execution of any order or decision rendered by any judge within his
jurisdiction.
17 SEC. 3. Corrupt practices of public officers.In addition to acts or
omissions of public officers already penalized by existing law, the
following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful:
xxx
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted benefits,

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

advantage or preference in the discharge of his official, administrative

or judicial functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant
of licenses or permits or other concessions.
xxx
18 Id., at pp. 105-109.
19 Id., at p. 110.

VOL. 405, JUNE 26, 2003 7

Albior vs. Auguis

20
On January 29, 2001, the OCA issued its report. It found
respondents defense unconvincing and held him
administratively liable for issuing the said detention order
prior to a preliminary investigation conducted by a judge
and before a warrant of arrest was issued against the
accused. It recommended that the case be re-docketed as an
administrative matter and that a fine in the amount of
P3,000.00 be imposed upon respondent with a warning that
the commission of the same or similar act in the future shall
be dealt with more severely.
We then required the parties to manifest if they were
willing to submit the case for decision on the basis of the
21
pleadings filed. The respondent subsequently manifested
22
his conformity.
The main issue for our resolution is whether the
respondent should be held administratively liable for the
issuance of a detention order resulting in the actual
detention of the accused under the abovementioned
circumstances.
The OCA report stresses that respondent clerk of court is
not empowered to issue the questioned detention order. The
duties of a clerk of court in the absence of the judge are
defined under Section 5, Rule 136 of the Rules of Court:

SEC. 5. Duties of the clerk in the absence or by direction of the

judge.In the absence of the judge, the clerk may perform all the
duties of the judge in receiving applications, petitions, inventories,
reports, and the issuance of all orders and notices that follow as a

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SUPREME COURT REPORTS ANNOTATED VOLUME 405 11/30/13 3:10 PM

matter of course under these rules, and may also, when directed so
to do by the judge, receive the accounts of executors, administrators,
guardians, trustees, and receivers, and all evidence relating to
them, or to the settlement of the estates of deceased persons, or to
guardianships, trusteeships, or receiverships, and forthwith
transmit such reports, accounts, and evidence to the judge, together
with his findings in relation to the same, if the judge shall direct
him to make findings and include the same in his report.

Indeed nowhere in the Rules is the clerk of court authorized

to issue an order of detention, as such function is purely
judicial. In fact, we already had occasion to rule that a clerk
of court, unlike a

_______________

20 Id., at pp. 120-122.

21 Id., at pp. 127-128.
22 Id., at p. 129.

8 SUPREME COURT REPORTS ANNOTATED

Albior vs. Auguis

judicial authority, has no power to order

23
the commitment of
a person charged with a penal offense.
The Deputy Ombudsman for the Visayas aptly pointed
out that where a judge is not available, the arresting officer
is duty-bound to release a detained person, if the maximum
hours for detention provided under Article 125 of the
Revised Penal Code had already expired. Failure to cause
the release may result in an offense under the Code, to wit:

ART. 125. Delay in the delivery of detained persons to the proper

judicial authorities.The penalties provided in the next preceding
articles shall be imposed upon the public officer or employee who
shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the
period of: twelve (12) hours, for crimes or offenses punishable by
light penalties, or their equivalent; eighteen (18) hours, for crimes
or offenses punishable by correctional penalties, or their equivalent;
and thirty-six (36) hours, for crimes or offenses punishable by

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afflictive or capital penalties, or their equivalent.

Respondent might have been motivated by a sincere desire

to help the accused and his relatives. But as an officer of the
court, he should be aware that by issuing such detention
order, he trampled upon a fundamental human right of the
accused. Because of the unauthorized order issued by
respondent, the accused Edilberto Albior was deprived of
liberty without due process of law for a total of 56 days,
counted from his unlawful detention on January 27, 1999
until the issuance of the appropriate order of commitment
by the municipal judge on March 25, 1999.
Thus, the Court cannot condone nor take lightly the
serious violation committed by the respondent. Article III,
Section 1 of the Constitution mandates:

No person shall be deprived of life, liberty or property without due

process of law, nor shall any person be denied the equal protection
of the laws. (Underscoring ours)

Once again, it bears emphasizing that the behavior of

everyone connected with an office charged with the
dispensation of justice, from the presiding judge to the clerk
of lowest rank, should be

_______________

23 Judge Vallarta v. Vda. de Batoon, A.M. No. P-99-1302, 28 February

2001, 353 SCRA 18, 22.

VOL. 405, JUNE 26, 2003 9

Albior vs. Auguis
24
circumscribed with a high degree of responsibility. Their
conduct at all times must not only be characterized by
propriety and decorum, but above all else must be in
accordance with the Constitution and the law. A clerk of
court, such as herein respondent, is a ranking and essential
officer in the judicial system. His office is the hub of
activities. He performs delicate administrative functions
essential to the prompt and proper administration of

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25
justice.
Respondent needs no reminder that as an important
officer in the dispensation of justice, one of his primary
duties is to uphold the fundamental law of the land. His
defense that he is not a lawyer or law graduate and so is
excusably ignorant of the legal implications of his detention
order, deserves scant consideration. Ignorance of the law
excuses no one from compliance therewith, especially a clerk
of court who ought to know better than an ordinary layman.
This Court has assiduously condemned any omission or
act which tends to undermine
26
the faith and trust of the
people in the judiciary. The Court cannot countenance any
act or omission on the part of all those involved in the
administration of justice which would violate the norms of
public accountability and diminish 27
or tend to diminish the
faith of the people in the judiciary.
The respondents issuance of the detention order not only
deprived the accused of liberty, it also considerably
diminished the peoples faith in the judiciary. For the very
officer of the court on whom they depended to safeguard
their human and constitutional rights was also the one who
violated these rights. Respondent should be mindful of his
ineluctable duty, as a ranking officer in the judicial system,
to ensure that basic rights are protected.
In conclusion, we agree with the findings of the OCA that
respondent is liable as charged administratively. But we
disagree with its recommendation that respondent be
merely meted out the

_______________

24 Lloveras v. Sanchez, A.M. No. P-93-817, 18 January 1994, 229

SCRA 302, 307.
25 Juntilla v. Branch COC Calleja, 330 Phil. 850, 855; 262 SCRA 291
(1996); Angeles v. Bantug, Adm. Matter No P-89-295, 29 May 1992, 209
SCRA 413, 422-423.
26 Alivia v. Nieto, 321 Phil. 419, 426; 251 SCRA 62 (1995).
27 Malbas v. Blanco, A.M. No. P-99-1350, 12 December 2001, p. 9, 372
SCRA 118, citing Sy v. Academia, AM No. P-87-72, 3 July 1991, 198
SCRA 705, 717.

10

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Albior vs. Auguis

penalty of a fine. We cannot treat lightly the actions of the

respondent for he has admitted doing them repeatedly, in
fact many times in the past. The implication of his action as
an official of the court is not only disturbing but shocking,
for it involves no less than a violation of the constitutional
right to liberty. We hold that respondents unauthorized
issuance of the detention order and his failure to inform the
Presiding Judge about said order constitute not merely
gross neglect of duty but outright grave misconduct.
Misconduct is a violation of some established and definite
rule of action, more particularly unlawful behaviour as well
as gross negligence by the public officer. To warrant
dismissal from the service, the misconduct must be serious,
important, weighty, momentous and not trifling. It must
also have direct relation to, and connected with the
performance of official duties amounting either to
maladministration or willful, intentional
28
neglect or failure
to discharge the duties of the office. Because of the order
for the arrest of the accused and resultant confinement in
police custody, the respondent unduly usurped the judicial
prerogative of the judge,
29
and such usurpation is equivalent
to grave misconduct.
In a previous case, we found the respondent guilty of
grave misconduct for issuing a Release Order without the
knowledge30 and signature of the Presiding Judge
concerned. In another, we ruled that the respondent was
guilty of grave misconduct warranting dismissal from the
service when he issued a warrant of arrest without any order
coming from the court that caused
31
the accused to be illegally
confined for three (3) days. In both cases we held that
though the respondents might have been moved by
compassion and might have acted in good faith, the
respondents actuations could not be condoned, for the
committed acts constituted a serious infringement of, and
encroachment upon, judicial authority.

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28 Almario v. Resus, A.M. No. P-94-1076, 22 November 1999, 318

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SCRA 742, 748-749.

29 Escanan v. Monterola II, A.M. No. P-99-1347, 6 February 2001, 351
SCRA 228, 231.
30 See Biag v. Gubatanga, A.M. No. P-99-1341, 22 November 1999,
318 SCRA 753, 758-759.
31 See Supra, note 29 at pp. 236-237.

11

VOL. 405, JUNE 26, 2003 11

Albior vs. Auguis

In our view, the present case cannot be treated with

leniency, especially in light of the fact that respondent
herein admitted he issued detention orders countless times
in the past. In accordance with precedents and Civil Service32
Commission Memorandum Circular No. 19, series of 1999,
the appropriate penalty to be imposed on respondent is
dismissal from the service.
WHEREFORE, respondent DONATO AUGUIS, Clerk of
Court II, MCTC, Branch 4 at Talibon-Getafe, Talibon,
Bohol, is hereby found administratively liable for issuing
the assailed detention order without lawful authority, as
well as failing to inform the Presiding Judge of that court
regarding such order, thus committing GRAVE
MISCONDUCT in the discharge of official functions. He is
hereby DISMISSED from the service, with FORFEITURE
of all benefits and privileges, except earned leave credits if
any, and with prejudice to reemployment in the government
including government owned and controlled corporations.
SO ORDERED.

Davide, Jr., (C.J.), Bellosillo, Puno, Vitug,

Panganiban, Quisumbing, Ynares-Santiago, Sandoval-
Gutierrez, Carpio, Corona, Carpio-Morales, Callejo, Sr. and
Azcuna, JJ., concur.
Austria-Martinez, J., On official leave.

Respondent dismissed from the service for grave

misconduct, with prejudice to reemployment in government
service.

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Notes.Before the clerk of court can amend the writ,

itself, the order of the court granting its issuance should
first be amended. (Viray vs. Court of Appeals, 286 SCRA 468
[1998])
By amending the writ of execution on her own will, the
clerk of court clearly usurped a judicial function. (Ibid.)

_______________

32 Section 52. Classification of Offenses.Administrative offenses

with corresponding penalties are classified into grave, less grave or
light, depending on their gravity or depravity and effects on the
government service.
The following are grave offenses with their corresponding penalties:
....
3. Grave misconduct:
1st offenseDismissal x x x.

12

12 SUPREME COURT REPORTS ANNOTATED

Lumanta vs. Tupas

Clerks of court must show competence, honesty and probity,

charged as they are with safeguarding the integrity of the
court and its proceedings. Judicial employees are expected
to accord every due respect, not only to their superiors, but
also to others and their rights at all times. (Cabanatan vs.
Molina, 370 SCRA 16 [2001])

o0o

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