[A.M. No. OCA I.P.I. No. 98-596-RTJ. June 7, 2000]

ZENAIDA LIMBONA et al. vs. JUDGE RASAD G. BALINDONG

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 7 2000.

A.M. No. OCA I.P.I. No. 98-596-RTJ (Zenaida Limbona et al vs. Judge Rasad G. Balindong.)

This is a complaint for gross ignorance of the law and serious misconduct against Judge Rasad G. Balindong of Branch 18, Midsayap, North Cotabato, in his capacity as Acting Presiding Judge of the Regional Trial Court, Branch 11, Malabang, Lanao del Sur.

Complainants allege that respondent judge failed to inhibit himself in trying Criminal Case No. 12-357, entitled People v. Cota, for double murder and multiple frustrated murder on the ground that all the accused are his relatives. They aver that he maliciously issued an order directing the reinvestigation of the case to delay the trial of the case and that he ignored a directive of the Office of the Court Administrator for him to comment on a petition by the complainants seeking the transfer of venue of the case.

In his answer, dated November 23, 1998, Judge Balindong denied having heard and tried Criminal Case No. 12-357 and claimed he ordered the reinvestigation of the case in the interest of justice and upon the motion of the Provincial Prosecutor. He further alleged that after the reinvestigation and even before he could comment on the Petition for Transfer of Venue, the Supreme Court had already ordered the transfer of the venue of the case to the Regional Trial Court of Cotabato City.

The Office of the Court Administrator recommends that the complaint be dismissed. The Court finds this recommendation well taken. The remand of the case to the Office of the Provincial Prosecutor for reinvestigation was proper. It was made on motion of the Provincial Prosecutor. Hence, complainants' claim that remanding the case for reinvestigation for the purpose of delaying the case is without merit.

With regard to the claim that respondent committed serious misconduct for his failure to comment on the Petition for Transfer of Venue of Criminal Case No. 12-357, it appears that before he could file his comment, the Court had already ordered the transfer of the venue of the case to Cotabato City. The case had thus become moot and academic.

WHEREFORE, as recommended by the Office of the Court Administrator, the complaint against Judge Rasad G. Balindong is hereby DISMISSED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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