SECOND DIVISION
ERMELYN A.
LIMBONA,
Complainant,
A.M.
No.
SCC-03-08
June 16, 2003
-versus-
JUDGE
CASAN ALI
LIMBONA,
SHARI’A CIRCUIT
COURT,TAMPARAN, LANAO
DEL SUR,
Respondent.
chanroblesvirtualawlibrary
R E S O L U T I O
N
QUISUMBING,
J.:
This Administrative Complaint[1]
filed on June 5, 2000 by the complainant Ermelyn A. Limbona charges
respondent
Judge Casan Ali Limbona, Shari’a Circuit Court, Tamparan, Lanao del
Sur,
of Grave Misconduct and Conduct Unbecoming a member of the Philippine
Bar
and Officer of the Court.
Complainant alleged
that she is married to the respondent judge. She said she first
met
him sometime in 1992 and they had an affair. At that time,
respondent
was jobless and relied upon her for support. When she was seven
months
pregnant, respondent - on the pretext of securing
money
- left her for Marawi City and never returned. Thus, she
was
forced to raise their child with the help of her sister and
brother-in-law.[2]
On November 25, 1998,
they met again. Respondent was then applying for appointment as a
Regional Director of the Department of Natural Resources. They
resumed
their relationship, until they got married on January 17, 1999.
On
April 27, 2000, however, respondent left her again, this time without a
word. She later discovered that the respondent returned to live
with
his former wife whom he had divorced in front of her (complainant),
pursuant
to the Code of Muslim Personal Laws.[3]chanrobles virtual law library
In her complaint, she
further alleged that the respondent filed his candidacy for party-list
representative in the 1998 elections without ceasing to perform his
judicial
functions, and thus regularly collected his salary.[4]chanrobles virtual law library
In his Letter[5]
dated October 18, 2000, respondent submitted the complainant’s
Affidavit
of Desistance[6]
and adopted in toto her averments. In her affidavit, complainant
stated that she filed the complaint because of the marital rift between
her and respondent judge, and because she wanted an advantageous
settlement
of matrimonial feud under Islamic practice. She declared that the
elders, whom she and respondent both chose, already accepted her
apology.
In accordance with Muslim traditions and cultural practices, she said a
proper Muslim settlement of marital feud was arrived at and that both
of
them are now living in "a cordial, supportive, and happy
environment."
Finally, complainant declared that she was no longer interested in
pursuing
the case against respondent.[7]
Adopting the recommendations
of the Office of the Court Administrator (OCA), this Court resolved on
December 5, 2001[8]
to refer this case to the Executive Judge of the Shari’a District Court
of Lanao del Sur for further investigation, report and recommendation
and
for determination from the Commission on Elections whether the
respondent
was indeed a candidate during the 1998 elections.chanrobles virtual law library
On July 31, 2002, Datu
Ashary M. Alauya, Clerk of Court VI of the Fourth Shari’a Judicial
District,
Marawi City, informed this Court of the failure of Judge Bensaudi
Arabani
to assume office as acting presiding judge of that court. Hence,
the clerk had to return the records of this case to this Court for lack
of an investigating officer.[9]
By Resolution[10]
of August 21, 2002, this Court referred the case to a consultant of the
OCA for evaluation, report and recommendation.cralaw:red
In its Report,[11]
the OCA, through the Hearing Officer Designate Justice Romulo S.
Quimbo,
stated that the matter of the respondent judge having filed his
candidacy
in the 1998 elections, while still receiving his salaries as a judge,
is
currently the subject of Administrative Matter No. SCC-98-4 pending
before
the Third Division of this Court. Consequently, the OCA
recommended
that the instant case be consolidated with that other administrative
matter
pending before said Division. As regards the charge that the
respondent
committed grave misconduct unbecoming of a member of the Philippine Bar
and an officer of the court, the OCA observed that the complainant
failed
to substantiate her allegations. The OCA recommended that her
complaint
be dismissed.chanrobles virtual law library
The recommendations
of the OCA are well-founded.cralaw:red
Administrative proceedings
are not strictly bound by formal rules on evidence, but the liberality
of procedure in administrative actions is still subject to limitations
imposed by the fundamental requirement of due process.[12]
Even in an administrative case, the Rules of Court require that if the
respondent judge should be disciplined for grave misconduct or any
graver
offense, the evidence against him should be competent and should be
derived
from direct knowledge.[13]
The judiciary to which the respondent belongs demands no less.
Before
any of its members could be faulted, competent evidence should be
presented,
especially since the charge is penal in character.[14]
After carefully reviewing
the records of this case, this Court is convinced that there is utter
lack
of evidence to support the charge of grave misconduct. In
administrative
proceedings, complainants have the burden of proving by substantial
evidence
the allegations in their complaints.[15]
Yet, despite due notice[16]
to her, complainant failed to attend the hearings before the OCA, much
less offer evidence in support of her complaint.[17]
In fact, the complainant recanted her allegations in her complaint
through
an affidavit of desistance, which the respondent judge presented to the
OCA by way of comment. Nor is there independently verifiable
proof
of the respondent judge’s alleged misconduct. Thus, we are
constrained
to dismiss complainant’s principal charge against respondent for grave
misconduct.chanrobles virtual law library
As to the other charge,
that the respondent judge continued to perform his functions as a judge
of the Shari’a Circuit Court of Tamparan, Lanao del Sur, thereby
receiving
his salaries despite having filed his certificate of candidacy for the
1998 elections, we find it has similar facts as those alleged in A.M.
No.
SCC-98-4 pending with the Third Division of this Court. Thus, we
deem it proper that this complaint be referred for possible
consideration
by that Division.cralaw:red
WHEREFORE, the administrative
complaint against respondent Judge Casan Ali Limbona, Shari’a Circuit
Court,
Tamparan, Lanao del Sur, for grave misconduct is DISMISSED for lack of
evidence. As to the charge that the respondent judge continued to
perform his functions and to receive his salaries after he had filed a
certificate of candidacy for the 1998 elections, this Court RESOLVES to
forward the same for consideration under Administrative Matter No.
SCC-98-4,
pending with the Third Division of this Court.
SO ORDERED.cralaw:red
Bellosillo, J., (Chairman),
Austria-Martinez, and Callejo, Sr., JJ.,
concur.
____________________________
Endnotes:
[1]
Rollo, pp. 3-4.
[2]
Id. at 3.chanrobles virtual law library
[3]
Id. at 3, 16.
[4]
Id. at 3, 14.
[5]
Id. at 21.
[6]
Id. at 22.
[7]
Ibid.chanrobles virtual law library
[8]
Id. at 32-33.
[9]
Id. at 35.
[10]
Id. at 38.
[11]
Id. at 62-65.
[12]
Ang v. Judge Asis, A.M. No. RTJ-00-1590, 15 January 2002, p. 6.chanrobles virtual law library
[13]
Araos v. Judge Luna-Pison, A.M. No. RTJ-02-1677 (OCA-IPI-00-1027-RTJ),
28 February 2002, p. 3.
[14]
Supra, note 12 at 6-7.chanrobles virtual law library
[15]
Morales, Sr. v. Judge Dumlao, A.M. No. MTJ-01-1339, 13 February 2002,
p.
5.
[16]
Rollo, p. 54.chanrobles virtual law library
[17]
Id. at 65. |