Philippine Supreme Court Resolutions

"A.M. No. P-11-2910 [Formerly A.M. OCA IPI No. 09-3261-P] (Henry S. Escalona vs. Edgar C. Bermudez, Sheriff IV, Regional Trial Court, Br. 22, Imus, Cavite); and A.M. OCA IPI No. 09-3260-P (Allan Dinglasan vs. Edgar C. Bermudez, Sheriff IV, RTC, Br. 22, Imus, Cavite).- Acting on the (1) affidavit-complaint (with enclosures) dated 30 September 2009 filed by Henry S. Escalona against Edgar C. Bermudez, Sheriff IV, Regional Trial Court (RTC), Br. 22. Imus, Cavite, for conduct unbecoming a judicial employee, and (2) comment dated 22 November 2009 of respondent Sheriff and supplemental comment dated 25 June 2010 of Divina R. Bermudez, wife of respondent Sheriff, and it appearing that the complaint was filed as a result of a criminal complaint filed by complainant against respondent Sheriff for frustrated murder and violation of RA 8294 (Illegal Possession of Firearms and Ammunitions) in Criminal Case Nos. B-2009-588. B-2009-589, and B-2009-590; that another administrative complaint was filed by one Allan Dinglasan against respondent Sheriff docketed as A.M. OCA IPI No. 09-3260-P, a Third Division case, also for conduct unbecoming a judicial employee, which stemmed from the same incident in the instant complaint alleging that Dinglasan is one of the victims of respondent's shooting rampage; and considering that the administrative complaint cannot be resolved without a full determination of the guilt of respondent Sheriff in the criminal cases considering the presumption of innocence in favor of the accused, and in order to prevent conflicting evaluations in the two (2) administrative complaints, the Court resolves to: 

1. CONSOLIDATE the instant administrative complaint against respondent Edgar C, Bermudez, Sheriff IV, RTC, Br. 22, Imus, Cavite, with A.M. OCA IPI No. 09-3260-P (Allan Dinglasan vs. Edgar C. Bermudez, Sheriff IV, RTC, Br. 22, Imus, Cavite), and RE-DOCKET  the same as a regular administrative case; 

2. TRANSFER the instant matter, A.M. No. P-11-2910 [Formerly A.M. OCA IPI No. 09-3261-P], to the Third Division where A.M. OCA IPI No. 09-3260-P, the lower-numbered case, is assigned; 

3. HOLD IN ABEYANCE the instant administrative proceedings against respondent Sheriff, as consolidated, pending the resolution of the criminal cases against herein respondent; 

4. REQUIRE the Branch Clerk of Court, RTC, Br. 22, Imus, Cavite, to submit to this Court, through the Office of the Court Administrator, a regular quarterly update of the status of the criminal cases against respondent Sheriff; and 

5. NOTE the Report dated 3 January 2011 of the Office of the Court Administrator. 

Considering the letter dated 11 February 2011 of Divina R. Bermudez, widow of respondent Edgar C. Bermudez, informing the Court of respondent's demise on 28 January 2011 as shown by the attached photocopy of respondent's death certificate, the Court further resolves to REQUIRE complainant to file COMMENT thereon with ten (10) days from notice." 

MA. LUISA L. LAUREA
  Clerk of Court

By:

(Sgd.) TERESITA AQUINO TUAZON
  Asst. Clerk of Court