This administrative matter stems from the letter-complaint dated 11 April filed by Deputy Prosecutor Leo C. Danilo Miralles y Aguirre, et al. On February 4, , Sheriff Cabcabin issued a Certification 9 to the effect that Miralles has voluntarily surrendered himself to the former to avail of his right to bail for his temporary liberty in connection with the said 3 cases before the RTC, Branch 7. Back to Home Back to Main. Judge Bitas was in his Court as shown by the fact that he approved the cash bond also on the same day.
Judge Bitas could then have noted and certified that MIRALLES surrendered to him and is now in custody of the law - thereby legally paving the way for him to post his cash bail bond.
But then again there is the unexplained situation of how can an accused person surrender himself to a judge when there is no warrant of arrest against him. I was working in the Office of the Clerk of Court when he posted his cash bond. I merely issued a Certification that he voluntarily surrendered, which he truly did. The certification was required by the Presiding Judge of Branch 7 before the bond was approved. As to why accused voluntarily surrendered when there is yet no warrant of arrest, I have no knowledge anymore of this.
He entered the Office of the Clerk of Court where I was at that time and then he manifested that he was surrendering and that he was going to post bail, which he did. It is a common occurrence in this Court [RTC] that accused go to the branch to voluntarily surrender in order to post his bail and upon request of the Presiding Judge concerned, the Sheriff issues a Certificate to this effect. And considering that such surrender is made upon request of the Court [RTC], I always take it as lawful and nothing unlawful at all.
Because had I been advised by my superiors that such practice was irregular and therefore unlawful, I would not have definitely done it. And because of this act of mine I am really very sorry and I apologize [to] this Court [RTC] for not having been extra careful in entertaining this matter.
