ChanRobles Virtual law Library

[ A.M. No. OCA-IPI No. 98-546-RTJ. July 1, 1999]

Quoted hereunder, for your information, is a resolution of this court dated JUL 1, 1999.

A.M. No. OCA-IPI No. 98-546-RTJ (Domingo Rico vs. Judge Antonio M. Natino, Regional Trial Court, Branch 12, San Jose, Antique.)

This is a letter-complaint dated November 17, 1995 of complainant Domingo Rico charging Judge Antonio M. Natino of the Regional Trial Court of San Jose, Antique (Branch 12) with grave misconduct in dismissing a petition for certiorari/prohibition which complainant Domingo Rico had filed against the election officer of Valderrama, Antique and the Barangay Kagawads of Barangay Manlacbo, Valderrama, Antique to stop them from holding a recall election. Complainant was elected punong barangay of Manlacbo, in May 1994. In a resolution dated November 14, 1995, respondent judge dismissed the petition for lack of jurisdiction on the ground that "[R]ecall is a matter of political rights of the registered voters. Any ground restraining or prohibiting the exercise of such rights of the registered votes is outside the ambit of the court to inquire as to its validity or lack of it."

In his comment, dated February 7, 1996, Judge Natino denied that he had not committed misconduct in office, nor in his private life for that matter, and will never permit one to be committed.

Evaluating the complaint and the comment thereto, the office of the Court Administrator, recommended in its memorandum, dated May 5, 1999, the dismissal of the complaint for lack of merit.

The Court finds the recommendation well taken. Indeed, the dismissal by respondent judge of complainant's petition for certiorari appears to have been made in the regular performance of his official function. There is no allegation of malice, bad faith, or fraud on the part of respondent judge. If complainant does not agree with the decision, his remedy was to appeal from that decision.

WHEREFORE, the complaint is DISMISSED for lack of merit. Martinez, J., is on leave.