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[A.M. No. OCA IPI No. 00-8-OCA. November 14, 2000]

CA ALFREDO L. BENIPAYO vs. ATTY. DOUGLAS F. ANAMA

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 14 2000.

A.M. No. OCA IPI No. 00-08-OCA (CA Alfredo L Benipayo vs. Atty. Douglas F Anama.)

For consideration is the Memorandum of Court Administrator Alfredo L Benipayo addressed to the Chief Justice dated April 12, 2000, recommending the following:

1. That the Court Administrator be authorized to file the formal charge against Atty. Douglas F. Anama for Grave Misconduct Grossly Prejudicial to the Best Interest of the Service informing him of the acts constituting the charges and requiring him to file his answer in writing and under oath within five (5) days from receipt of the charge sheet;

2. That a member of the Court of Appeals be designated to conduct the formal investigation; and to submit the corresponding report and recommendation within ninety (90) days from receipt of the records; and

3. That the Court Administrator be authorized to designate a lawyer in the Office of the Court Administrator to prosecute the charges against Atty. Anama, considering the complaint as one filed at the instance of the head of office and for the office.

Considering that the utterances imputed to Atty. Anama, as quoted in the aforesaid Memorandum, assuming they were true, were directed not at the Office of the Court Administrator but at the person of the Court Administrator himself, then he should act as a complainant in his individual capacity, not the Office of the Court Administrator. This case, therefore, should be treated as an ordinary administrative matter filed by the Court Administrator against an employee, namely, Atty Douglas F Anama

ACCORDINGLY, Justice Benipayo's recommendation that he be authorized to designate a lawyer in the Office of the Court Administrator to prosecute the charges against Atty. Anama is hereby DENIED.

Retired Supreme Court Justice Justo P. Torres, Jr. is hereby DESIGNATED to conduct the formal investigation; and to submit the corresponding report and recommendation directly to this Court within ninety (90) days from receipt of the records.Puno, J., no part.Mendoza, J., abroad on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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