THIRD
DIVISION
ALAN
SUASIN,
Petitioner,
A.
M.
No. RTJ-97-1393
October
20, 1997
-versus-
ERNESTO
DINOPOL,
Respondent.
_______________________________
In Re:
Hon.
IBARRA
B. JACULBE, JR.,
Judge, Branch 42,
Regional Trial Court
Dumaguete City
R
E S O L U
T I O N
NARVASA,
C.J.:
The records of the
undocketed case at bar disclose that on November 29, 1996, the
Municipal
Trial Court of Sibulan, Negros Oriental, rendered judgment in Civil
Case
No. 351 sentencing Alan Suasin to pay Ernesto S. Dinopol, Sr. sums of
money
aggregating P12,339.00. Suasin's appeal to the Regional Trial
Court
was docketed as Civil Case No. 11811, and assigned to Hon. Judge Ibarra
B. Jaculbe, Jr., presiding Judge of Branch 42. After due proceedings,
Judge
Jaculbe affirmed in toto the Municipal Trial Court's judgment, in a
one-page
decision handed down on April 4, 1997.
Now, it appears that
the notice of the RTC judgment was received by Suasin on April 15, 1997
[return card (receipt) attached to dorsal side of p. 77, rollo].
Twenty-nine
[29] days later, or more precisely on May 14, 1997, Alan Suasin,
personally
and in his own behalf, filed a "Notice for Petition for Review"
advising
that he was "[t]hereby filing a petition for review to the Honorable
Supreme
Court of [said] decision."
Acting on the petition,
and remarking that in his view the same had been filed "within the
reglementary
period," Judge Jaculbe "granted" the petition and ordered "the entire
records
of [the] case accordingly forwarded to the Supreme Court, Manila."
By Resolution of this
Court dated August 6, 1997, Judge Jaculbe was directed to explain his
acts
"which do not appear to be in accord with applicable law and
established
procedure."
In response, Judge Jaculbe
submitted a "Compliance" dated September 5, 1997 alleging that he
"entertained
the honest belief that it would be serving substantial justice to grant
the substantive right of the appellant of his desire to elevate the
case
but at his own risk in filing it before the improper forum which will
outright
dismiss the petition;" and that anyway, the records to be sent up to
this
Court consisted "only of few pages, although this is unprocedural." In
the same pleading, he apologized "for his errors;" and promised to be
"more
prudent and judicious in his future actions."
The facts speak for
themselves. They reveal a distressingly lamentable unfamiliarity on the
part of the Judge with quite elementary procedural rules regarding the
duration of the reglementary period of appeals from the RTC; the Courts
to which such appeals may be taken; the modes by which appeals are
taken
to either the Court of Appeals or the Supreme Court. As a result, he
has
not only caused this Court to waste its time but has also exposed
himself
and his Court to ridicule if not contemptuous estimation and regard.cralaw:red
The Court, therefore,
resolved:
[1] to ADMINISTER on
Judge Ibarra B. Jaculbe, Jr. a SEVERE REPRIMAND for gross ignorance,
with
the warning that the Court will deal more sternly with any further
instances
or manifestations of the same failing;
[2] to DIRECT the return
of the records of Civil Case No. 11811 to Branch 42 of the Regional
Trial
Court of Dumaguete City for appropriate proceedings and disposition; and
[3] to
CONSIDER the
proceedings at bar CLOSED AND TERMINATED.
SO ORDERED.cralaw:red
Romero,
Melo, Francisco
and Panganiban, JJ., concur.
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