Serafin vs.

Lindayag
67 SCRA 166

Facts:

Avelina Serafin, borrowed the sum of P1,500.00 without any collateral or security from an old
friend. When they wrote her a letter of demand, she promised to pay them and said that if she
failed to keep her promise, they could get her valuable things at her home.

Upon failure to pay the debt, a criminal complaint for estafa was filed against Serafin.
Respondent judge issued a warrant of arrest; which then was served on Saturday, a time when
the bonding companies are closed, thus cannot raise bail and compelled to be detained for
three days.

Serafin filed an instant administrative complaint for capricious and malicious admission a
criminal complaint for estafa against her and causing her wrongful arrest and detention, against
respondent Santiago Lindayag, municipal judge of Guiguinto, Bulacan. She contend that the
charged against her was baseless, for there are no elements of estafa present but only failure to
pay a debt. Respondent then dismissed the case.

Issue:
Whether or Not there was a violation committed by the judge when it ordered the imprisonment
of plaintiff for non-payment of debt?

Ruling:
Yes. Respondent judge have grossly failed to perform his duties by issuing a warrant without
first examining the witness personally. He is also guilty of gross ignorance of the law for
complaint involved here is a mere failure to pay a simple indebtedness and yet he found
probable cause of the herein complainant's guilt of estafa. It is elementary that non-payment of
an indebtedness is not a criminal act, much less estafa; and that no one may be criminally
charged and punished for non-payment of a loan of a sum of money.
Respondent judge is dismissed from the office of municipal judge of Guiguinto, Bulacan.