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[A.M. No. RTJ-99-1480. October 8, 2001]

JULIO TECAN vs. JUDGE SENECIO O. TAN

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 8 2001.

A.M. No. RTJ-99-1480(Julio Tecan vs. Judge Senecio O. Tan Regional Trial Court Balaban, La Union, Branch 34.)

Before us is an undated letter from Associate Justice Jose L. Sabio of the Court of Appeals, stating that the instant administrative case may be ordered terminated and dismissed for the following reasons.

"1. The dates indicated in the Ominibus Motion of Complainant were not among those covered by the August 23, 1999 Resolution of the Honorable Supreme Court directing and authorizing then Justice Salas to conduct an investigation."

"2. The dates originally complained of by complainant as allegedly the dates when respondent was guilty of absenteeism were proven to be wrong, in that either respondent was not absent on said dates or if absent, the said absence was duly covered by a duly authorized leave of absence."

"3. The additional dates ,which are after thoughts, when the original dates could not be substantiated, really appear to be a fishing expeditions and would be unfair to say the least, to respondent judge, of not violative of his right to due process not to mention the unnecessary anxiety and harassment felt by said respondent.

The Court, however, has yet to receive from Justice Sabio his formal report on the case.

WHEREFORE, the Court hereby requires Justice Jose L. Sabio to submit his report containing findings of fact and recommendation and to submit the same to the Court within thirty (30) days from his receipt of this resolution.

The undated letter of Justice Sabio is NOTED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court

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