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[A.M. No. RTJ-00-1526.November 20, 2001]
OCAD vs. JUDGE VILLEGAS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated NOV 20 2001.
A.M. No. RTJ-00-1526(Office of the Court Administrator vs. Judge Franklin A. Villegas.)
As early as 5 January 1999, the Office of the Court Administrator (OCA) received a letter from Dr. Yabut complaining of the delay in the disposition of Cadastral Case No. N-475 pending before RTC, Branch 19, Pagadian City, presided by Judge Franklin A. Villegas.In the same letter, Dr. Yabut complained of certain irregularities committed by counsel of opposing party, her former lawyer and Judge Villegas in alleged conspiracy with each other.
Acting on aforesaid letter, then Court Administrator Alfredo L. Benipayo required Judge Villegas to comment on the allegations against him - first, on 9 February 1999, and again, on 13 August 1999.Despite said directives, Judge Villegas did not file his comment.
Thus, on 18 January 2000, the Court En Banc resolved to (a) docket the letter-complaint of Dr. Yabut as a regular administrative matter and (b) direct Judge Villegas to answer the complaint and show cause why no disciplinary action should be taken against him for not complying with directives of the OCA.
On 8 August 2000, the
Court En Banc imposed a fine on Judge Villegas in the amount of One Thousand
Pesos (P1,000.00) for still failing to comply with the 18 January 2000
resolution.This fine was increased to
Two Thousand Pesos (P2,000.00) in the resolution dated 16 January 2001.
On 29 March 2001, the
Court received a letter from Judge Villegas dated 20 March 2001 asking the
indulgence of this Court for his failure to comply with the Resolution dated 18
January 2001 with the explanation that his vision in both eyes has deteriorated
since the late 1980's and his eyes have not improved despite the several
treatments he has undergone.He now
employs the aid of his clerks to read as the use of magnifying glasses do not
work.Moreover, he enclosed therewith
Postal Money Orders Nos. B-1884214 in the amount of One Thousand Pesos (P1,000.00)
each or a total of Two Thousand Pesos (P2,000.00) as payment of the
increased fine imposed upon him in the Resolution of the Court en banc
dated 16 January 2001.The record shows
that SC Official Receipt No. 12324015 dated 30 March 2001 was issued for said
fine.He further requested for an
extension of ten (10) days from 2 April 2001 within which to comply with the
resolution of 18 January 2000 which the Court granted in the resolution dated
26 June 2001.
As of date, however, this Court has yet to receive the compliance of Judge Villegas with the resolution of 18 January 2000.While the Court realizes the difficulty of Judge Villegas as explained in his letter of 20 March 2001, his comment on the complaint against him is necessary for the expeditious resolution thereof.
WHEREFORE, the court resolves: (1) to REQUIRE Judge Franklin A. Villegas to comply with the resolution of 18 January 2000 within a NON-EXTENDIBLE period of ten (10) days from notice; (2) to order the RE-RAFFLE of Cadastral Case No. N-475 to the other branches of the Regional Trial Court in Pagadian City; and (3) to DIRECT the Judge to whom Cadastral Case No. 475 is raffled to resolve the same with utmost dispatch.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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