FACTS: An administrative complaint was filed against Judge Salubre for gross ignorance of law for issuing a warrant of arrest against Melvin Espino despite having lost jurisdiction over the case by forwarding the records of the preliminary investigation he earlier conducted to the Prosecutor and information was filed accordingly with the RTC. Judge Salubre averred that on the basis of the “Supplemental Sworn Statement” executed by the private complainant, he had the duty to conduct the necessary preliminary investigation and since it was demanded by the results of his inquiry, he issued the corresponding warrant of arrest.
ISSUE: Whether Judge Salubre is guilty of gross ignorance of law.
HELD: Yes. As a judge, he is presumed to know the law. And when the law is so elementary, not to be aware of it constitutes gross ignorance of law. It is a basic rule that once information is filed in the RTC, it is that court which must issue a warrant of arrest against the accused in a criminal case pending before it. Generally however, to constitute gross ignorance of law, the acts complained of must not only be contrary to existing law and jurisprudence, but were motivated by bad faith, fraud, dishonesty and corruption. Although these circumstances were not all attendant in the case at bar, the fact still remains that respondent judge is ignorant of the basic rule in issuing warrants of arrest. For lack of bad faith, he was merely fined.
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