Respondent was administratively charged with the inaction for his failure to take the appropriate action against Alejandro Begonte, the confessed killer of Pablito Sison. Although the affidavits of the witnesses relating to the circumstances of the killing were sworn before him, respondent did not in fact conduct a preliminary investigation of the crime and no criminal complaint was ever filed in court. Furthermore, the affidavit of the deceased’s father was a request that nobody should be prosecuted for the death of his son. The Supreme Court approved the recommendation of the investigator exonerating the Respondent. Complaint dismissed.

1. ADMINISTRATIVE COMPLAINTS; DISMISSAL; A JUDGE IS NOT ANSWERABLE FOR INACTION WHERE NO CRIMINAL COMPLAINT WAS FILED IN HIS COURT. — The mere fact that the affidavits of the witnesses relating to the circumstances of the killing were sworn before the municipal judge does not ipso facto hold him answerable for inaction where it appears that his failure to take further steps was that no criminal complaint was ever filed against the confessed killer whose confession was sworn before the Municipal Mayor and that the affidavit of the victim’s father was a request that nobody be prosecuted for the death of his son.

Administrative complaint against respondent judge for having failed to take action against a certain Alejandro Begonte notwithstanding said respondent having conducted a preliminary investigation and said Begonte having confessed to the killing of a certain Pablito Sison at Barrio Ilo, Sta. Margarita, Samar.

The complaint was duly investigated by Judge Leon Rojas, Jr. of the Court of First Instance of Samar, Branch V. From the report of the Investigator, it appears that respondent had not in fact conducted any preliminary investigation. What happened is that the affidavits of Soledad Tangzo, Restituto Cajurao and Albino Raz as well as that of Felipe Sison, father of the deceased, relating to the circumstances of the killing were sworn to before Respondent. The supposed confession of Begonte was made and sworn to before the Municipal Mayor of Gandara, Samar.

No criminal complaint was ever filed by the Chief of Police or any other person with the Respondent. On the contrary, the affidavit of Felipe Sison is a request that nobody be prosecuted for the death of his son.

These being the facts found by the Investigator, the recommendation of exoneration contained in his report is approved and this case is dismissed.

Fernando (Chairman), Antonio, Aquino and Concepcion, Jr., concur.