SECOND DIVISION
[ Adm. Matter No. 535-MJ, August 21, 1976 ]
ELSIE Q. TOLENTINO, COMPLAINANT, VS. MUNICIPAL JUDGE GODOFREDO O. TIONG OF POZORRUBIO, PANGASINAN, RESPONDENT.
R E S O L U T I O N
FERNANDO, Acting C.J.:
Respondent Judge narrated the above in a detailed manner in his comment to complaint. The matter was then investigated, and his version shown to be accurate. The then Judicial Consultant, retired Justice of the Court of Appeals Manuel Barcelona as well as the Acting Judicial Consultant, Justice Lorenzo Relova of the Court of Appeals, went over the records. They are as one in the view that the complaint should be dismissed.
With such a conclusion, this Court is in agreement. There was no violation of the applicable provision of the Rules of Court. No irregularity was shown in the mode respondent Judge acted in this case. No bias in favor of the accused was shown. On a showing by his counsel that there was no intent to kill, the offense committed was one of physical injuries. Nor could respondent Judge be blamed for concluding that as the parties were within the prohibited degree of relationship, the marriage was incestuous. Accordingly, the information was changed to one of slight physical injuries. With the accused pleading guilty, he was sentenced to one month imprisonment. There was no further need to try the case on its merits. Moreover, as he had been detained for a longer period, he could be released immediately, as he was. It is clear therefore that respondent Judge did not in any way commit any infraction for which he could be disciplined.
WHEREFORE , the complaint is dismissed. Let a copy of this resolution be spread on the record of respondent Judge Godofredo Tiong.
Barredo, Antonio, Aquino, and Concepcion, Jr., JJ., concur.
[1] Complaint of Elsie Q. Tolentino.