PHILIPPINE SUPREME COURT JURISPRUDENCE

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Republic of the Philippines
SUPREME COURT
Manila

THIRD DIVISION

SEC. CORAZON ALMA G. DE LEON, D.S.W.D., complaint, vs. JUDGE TROADIO C. UBAY-UBAY, MCTC, Manticao, Misamis Oriental, Respondent.chanrobles virtual law library

ROMERO, J.: chanrobles virtual law library

On March 28, 1994, Department of Social Work and Development Secretary Corazon Alma G. de Leon filed a letter-complaint with the Office of the Court Administrator (OCA) against Judge Troadio C. Ubay-ubay, MCTC, Manticao, Misamis Oriental. Respondent Judge, at that time, was hearing the adoption case of minor Jub Pagente Espinosa filed by petitioner Juneto L. Uy under Special Proceedings No. 15. Complainant Secretary de Leon stated that this is contrary to Batas Pambansa Blg. 129, Section 19, whereby Special Proceedings are under the jurisdiction of the RTC and not the MCTC.chanroblesvirtualawlibrary chanrobles virtual law library

The OCA referred the matter to Judge Ubay-ubay for comment. In his comment, respondent Judge stated that he had researched the issue of his lack of jurisdiction but that he "has not come up with a concrete opinion" regarding the matter. However, he held in abeyance the resolution of SP No. 15 until the issue of jurisdiction shall have been clarified.chanroblesvirtualawlibrary chanrobles virtual law library

Under Section 10, par. 7 of Batas Pambansa Blg. 129, "all civil actions and special proceedings falling under the exclusive jurisdiction of the Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations" are now under the exclusive original jurisdiction of the Regional Trial Courts by virtue of the Reorganization Act.chanroblesvirtualawlibrary chanrobles virtual law library

The alleged doubt of respondent judge is misplaced as the law is very clear. He should have dismissed the petition and ordered the parties to file the same with the proper court.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the Court hereby SEVERELY REPRIMANDS MCTC Judge Troadio C. Ubay-ubay for his patent ignorance of the law on jurisdiction and hereby orders him to DISMISS the petition for adoption filed by Juneto L. Uy and to ADVISE the parties to file the same with the proper court.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Feliciano, Melo and Vitug, JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Bidin, is on leave.