ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[A.M. No. OCA-IPI 99-685-MTJ.March 12, 2001]

TABASA vs. JUDGE COLIFLORES

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 12 2001.

A.M. No. OCA-IPI 99-685-MTJ(Winefredo Tabasa vs. Judge Matnerto Y Coliflores MTCC, Branch 1, Cebu City.)

This is a complaint, dated February 24, 1999, filed by complainant Winefredo Tabasa, charging Judge Mamerto Y. Coliflores of the Municipal Trial Court in Cities (MTCC), Branch 1, Cebu City, with grave abuse of authority.

The charge was made in relation to two cases for grave coercion and malicious mischief filed by complainant Tabasa against Dominador Tabasa, Gloria Nacorda, Arlene Nacorda, Liezi Nacorda, Dodong Nacorda, Jose Tabasa, Herbert Tabasa, Concepcion Tabasa, and Hetcleff Tabasa, docketed as Criminal Case Nos. R-55177 and 55178 in Branch 4 of the MTCC of Cebu City, presided over by Judge Gerardo Gestopa, Jr. According to complainant, for failure of Dominador Tabasa and Arlene Nacorda to appear, the hearings in the two cases on May 6, 1997 and August 6, 1997 had to be postponed. On November 18, 1997, Arlene Nacorda was finally arraigned, but Dominador Tabasa had to be ordered arrested because of his continued failure to appear in the cases. The cases were reset for hearing on January 22, 1998. On that date, however, hearing was again postponed as Judge Gestopa, Jr. went on an indefinite leave of absence. Sometime in June 1998, complainant learned from the staff of Branch 4 that respondent judge had dismissed the cases. Complainant claims that the dismissal was without notice to the prosecution and, moreover, was effected without giving the latter the opportunity to present evidence.

In his comment, dated August 1, 2000, respondent judge alleges that counsel for the accused filed a motion for re-investigation which, in the absence of Judge Gestopa, Jr., he (respondent judge) granted and that upon the finding of Prosecutor I Orlando R. Bacay and City Prosecutor Primo C. Miro of "insufficient factual nexus of [the accused's] participation in the commission of the offenses heaped against them," he dismissed the criminal cases. Respondent judge also alleges that complainant thereafter filed a motion for reconsideration, now pending resolution by Judge Leopoldo V. Ca�ete, who, in the meantime, had been designated Acting Presiding Judge of Branch 1.

In its report, dated January 24, 2001, the Office of the Court Administrator recommends the dismissal of the instant complaint for lack of merit.

The Court finds the recommendation well taken. It is not true that complainant was denied the opportunity to present his evidence. It appears from the joint investigation report of Prosecutors Bacay and Miro that complainant and his spouse were required to appear at the re-investigation of the cases for "clarifying questions," but complainant and his spouse failed to do so. They thus waived their right to present additional evidence.

Moreover, it appears that complainant has already availed of the judicial remedy of filing a motion for reconsideration of respondent judge's order of dismissal of the two cases. Any error which he may have committed in dismissing the complaints can be rectified through the same. In the absence of any showing of fraud, bad faith, or corruption, an administrative case is not the proper remedy for alleged errors committed by a judge in the performance of his judicial duty (Garcia v. Pasia, 317 SCRA 155 (1999)).

WHEREFORE, the complaint against Judge Mamerto Y. Coliflores of the Municipal Trial Court in Cities, Branch 1, Cebu City is DISMISSED for lack of merit.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com