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Flores Vs Sumaljag

This case involves Judge Antonio C. Sumaljag, who is accused of gross ignorance of the law during preliminary investigations of three criminal cases. [1] Complainants Gualberto Parmis and Diego Cala Jr. testified during the preliminary examinations, after which Judge Sumaljag ordered their arrest. [2] Complainants argue that Judge Sumaljag did not ask searching questions as required, but mainly leading questions designed to have the witnesses affirm what was in their affidavits. [3] However, the Supreme Court found that some leading questions were necessary to get information from reticent witnesses, and that the witnesses' answers were their own and not the judge suggesting them, so Judge Sumalj

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246 views1 page

Flores Vs Sumaljag

This case involves Judge Antonio C. Sumaljag, who is accused of gross ignorance of the law during preliminary investigations of three criminal cases. [1] Complainants Gualberto Parmis and Diego Cala Jr. testified during the preliminary examinations, after which Judge Sumaljag ordered their arrest. [2] Complainants argue that Judge Sumaljag did not ask searching questions as required, but mainly leading questions designed to have the witnesses affirm what was in their affidavits. [3] However, the Supreme Court found that some leading questions were necessary to get information from reticent witnesses, and that the witnesses' answers were their own and not the judge suggesting them, so Judge Sumalj

Uploaded by

agnes13
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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FLORES v. JUDGE ANTONIO C. SUMALJAG Facts: This is an administrative case against Judge Antonio C.

Sumaljag, for gross ignorance of the law in connection with the preliminary investigation of three criminal cases and the arrest of complainants. Complainants were charged with three counts of falsification of public document. Respondent judge conducted a preliminary examination, during which the complainant, Gualberto Parmis, and his witness, Diego Cala, Jr., testified in each of the criminal cases. Thereafter, respondent judge ordered the arrest of herein complainants. By virtue of warrants of arrest, the herein complainants were arrested and detained. They were later released on bail. The complainants instituted this administrative case against respondent judge asserting that the testimonies during the preliminary examinations failed to establish probable cause; Complainants claim that, contrary to Rule 112, 6(b) of the Rules on Criminal Procedure, respondent did not ask the complainant and the witnesses searching questions but mainly questions designed to make them merely affirm what they had previously stated in their affidavits. Deputy Court Administrator Abesamis notes that the questions asked by the respondent were leading and revealed the latters apparent knowledge of the case which the witness testifying had only to confirm with a Yes, Judge. HELD: The transcript of the preliminary investigation shows that some of the questions asked by the respondent were indeed leading. It is evident, however, that he was dealing with witnesses who were reticent and had to be prodded if their examination was to be searching. Most of the time, complainant Gualberto Parmis and his witness Diego Cala, Jr. merely said Yes, Judge in answer to questions put to them. The only way to make them explain was to ask them leading questions. Deputy Court Administrator Abesamis contends that the respondent revealed his apparent knowledge of the facts of the case which the witness testifying before him only needed to confirm with a Yes, Judge. Obviously, this is because the judge based his questions on the allegations of the complaint and the affidavits of the complainant and the witnesses. In fact, the first questions he asked concerned the execution of affidavits. If the only way to make the witnesses give details was to ask questions based on their complaints and affidavits, we see no reason why this should be considered improper. After all, the witnesses could deny what the judge asked them if it was not true. While some of the questions of the judge clearly suggested the answers, nonetheless it is clear that the answers were still those of the witnesses and not those of the judge. We are satisfied that as far as the duty to ask searching questions is concerned, respondent complied with his duty under the Rules of Court.

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