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[ A.M. No. OCA IPI 97-256-MTJ. January 24, 2000]

EDWIN A. LLADOC vs. JUDGE FROILAN N. HERNANDEZ

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 24 2000.

A.M. No. OCA IPI 97-256-MTJ (Edwin A. Lladoc vs. Judge Froilan N. Hernandez, Municipal Trial Court, Pilar, Sorsogon.)

On January 10, 1997, Edwin A. Lladoc, Process Server, of the Municipal Trial Court, Pilar, Sorsogon filed a sworn letter-complaint accusing Judge Froilan N. Hernandez, of the same court, of grave abuse of authority, gross ignorance of the law, and gross misconduct. Complainant alleged that respondent judge asked him to act as his personal driver when visiting respondent's mistress, had threatened to kill and jail him for no reason whatsoever, and had taken his first paycheck on the pretext that he owed respondent a debt of gratitude.

Respondent judge filed his comment, denying complainant's allegations and alleging that he ordered complainant jailed for contempt after the latter had assaulted him because he had scolded complainant for neglecting his duties. Complainant filed a reply after which the case was referred to Executive Judge Honesto A. Villamor, Regional Trial Court, Branch 52, Sorsogon, Sorsogon for investigation, report, and recommendation.

In an indorsement by way of a report, dated April 6, 1999, Judge Villamor informed the Court that before respondent judge could complete the presentation of his evidence, he died of cardio-vascular arrest at the Bicol Regional Training and Teaching Hospital at Daraga, Albay on March 1, 1999. For this reason, he recommended the dismissal of this case.

In its resolution of September 6, 1999, the Court required Judge Villamor to submit a certified true copy of respondent's death certificate, which he has since submitted in his letter dated October 26, 1999.

For the foregoing reasons, the Court RESOLVED to DISMISS this case for having become moot and academic. (Cf. Philippine Bar Association v. President Ferdinand E. Marcos, A.C. No. 3031, August 23, 1994).

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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