GACAD V.

CLAPIS
FACTS:
In her complaint, CriseldaGacad said that she along with her father and
sister-in-law filed a murder complaint against Rodolfo Comania before the
provincial prosecutors office where they met prosecutor Arafol. Gacad said
Arafol even advised her not to hire a private lawyer.
The next day, Arafol informed Gacad that a murder case against
Comania was already filed before the RTC and that the provincial governor
kept on pressuring him about the case.
Gacad said Arafol even suggested to her that they should see Judge
Clapis in order that the motion for re-investigation filed by the accused would
be dismissed and that she should prepare P50,000 for the judge.
Indeed, Gacad claimed she, Arafol and Clapis had met at Golden Palace
Hotel in Tagum City wherein they talked about the case. The next day, a cash
of P50,000 was allegedly given to Clapis at Mikos Coffee Bar. And on January
2010, Gacad received a court order handed down by Clapis denying the
accused motion for reconsideration.
Gacad added that Arafol then told him that Clapis wanted to borrow
from her P50,000 for his mothers medication but she failed to produce the
amount. Since then, Gacad said Clapis and Arafol then always hid from her.
HELD:
SC dismissed from government service (RTC) judge based in
Compostela Valley for granting bail to a person accused of murder without
hearing the evidence of the prosecution.
The Supreme Court further noted Clapiss act of conducting bail
hearing without an application for bail and his granting of bail to the accused
without giving the prosecution an opportunity to prove that the evidence
against the accused is strong. With this, the High Court found Clapis guilty of
gross ignorance of the law.