[A.M. RTJ-00-1546. June 21, 2000]

JAMES BOWMAN et al. vs. JUDGE FATIMA G. ASDALA et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 21 2000.

A.M. RTJ-00-1546 (James Bowman et al. by atty. Fidela Y. Vargas, vs. Judge Fatima G. Asdala and Clerk of Court Roel Samonte.)

On March 6, 2000, this Court issued a Resolution imposing a fine of P2,000.00 with warning that a repetition of the same or similar acts will be dealt with more severely on respondent Judge Fatima Gonzales-Asdala, Presiding Judge, RTC-Olongapo City, Branch 74, for her deliberate withholding and not attaching to the detainees' records a copy of her order of inhibition which resulted in the non-transmittal of said records in Criminal Cases Nos.: 123-93 to 125-93 - People v. James Bowman; 667-93 - People v. Abraham-Bautista; 440-95 - People v. Joey delos Santos; 58-94 - People v. Samuel Fortunato; 727-89 - People v. Danilo Artela; 276-97 - People v. Reynaldo Asperas; 411-92 - 414-92-People v. Eduardo Bada; 32-92 - People v. Artemio Abad; and 411-89 - People v. Rolando Morales to the Office of the Executive Judge for re-raffle.

On April 19, 2000, respondent Judge filed an Omnibus Motion for Reconsideration of said resolution. On May 24, 2000 respondent, by letter, requested the Court to direct the offices concerned to stop the implementation of any forfeiture order of her mid-year cash benefit in view of the pendency of said Omnibus Motion.

WHEREFORE, the Court RESOLVES to DENY the motion for reconsideration with finality, no substantial argument having been adduced to warrant the reconsideration sought. The Court further resolves to DIRECT the Financial Management Office, Office of the Court Administrator, to RELEASE the salary as well as the mid-year cash benefit which was withheld from respondent judge but only after deducting therefrom the amount of Two Thousand (P2,000.00) Pesos representing the fine imposed on her.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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