MURAO, JOSE PEPITO III

I. Article III Section 2, Warrantless Arrests:

Office of the Court Administrator v. Barron A.M. No. RTJ 98-1420

Facts:
Mainit Marine Resources Corporation Inc. (MMRC) had a pending civil suit concerning ownership of land
under the hatchery against Alex Amor and the Register of Deeds of Negros Oriental wherein respondent
Florencio Barron was the acting presiding judge. On June 4, 1996, Casildo Gabo a retired court employee
informed the president of MMRC, David Crear, that judge Barron wanted to see him at Salawaki Beach
Resort in Zamboanguita, Negros Oriental later that afternoon. Sensing that this was irregular, Crear agreed
to the meet up but instructed the bookkeeper of MMRC to call the NBI office to inform them of such
activity. The NBI then made agents accompany Crear to Salawaki Beach and observe his meeting with
judge Barron from a distance through binoculars. Crear, along with his bookkeeper and an MMRC
employee who drove him to Salawaki issued written statements mainly affirming Crear’s narrative.
According to Crear, judge Barron offered to write a favorable decision for Crear in his civil suit against
Amor for the consideration of a total $4000 for judge Barron’s wife and daughter’s trip to the United
States. Crear acceded and indicated that he’ll have the money by the Saturday that same week and both
agreed to meet again in the Salawaki Beach Resort. Thus, the NBI prepared marked money way short of
$4000 but made it seem that the amount was sufficient which were to be used by Crear. The NBI also
occupied strategic places in the resort to ensure the proper entrapment procedure. Crear encountered judge
Barron heading to Dumaguete City and the former convinced Barron to let him ride in Barron’s car on the
way to the resort in order to retrieve the money he supposedly left at the resort.
Crear then gave the money to Barron and gave the pre-arranged signal of opening the door on his side
twice, for the NBI to apprehend Barron. Barron was then confronted in flagrante delicto in possession of
the marked money, which he attempted to put under the driver seat. For Barron’s defense, he forwarded
that he was the one trying to entrap Crear after the Crear offered to bribe him evidenced by a suspicious
police blotter and supposed cooperation with a SPO1 Burlaza whose family turned out to be a former client
of Barron when Barron was working as a family lawyer. There were also no substantial documentation or
police with Barron when he was, according to his alibi, gathering more information for his entrapment of
Crear. Herein respondent Barron questions the validity of the arrest made on him as Crear supposedly
manufactured the same.
Issue:
W/N warrantless arrest made on Barron was valid?
Held:
YES. Barron was caught in flagrante delicto holding the marked money. The Court DISMISS judge Baron
from the services and orders the forfeiture of all retirement benefits and the disqualification from re-
employment by herein respondent judge.