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[OCA IPI 98-537-MTJ.February 27, 2002]

GAUTANE vs. JUDGE DIAZ, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 27 2002.

����������� OCA IPI 98-537-MTJ(Nicandro T. Gautane vs. Judge Augustus C. Diaz, Clerk of Court VI Jose R. Ortiz, Jr., and Branch Clerk of Court Victory A. Edralin, all of MeTC-Br. 37, Quezon City.)

In his verified complaint dated 21 April 1998 Nicandro T. Gautane alleged that Civil Case No. 8517 entitled "Benita S. Rillera v. Zenaida Abad, et al." for ejectment pending before the MeTC-Br. 37, Quezon City, and in which he was one of the defendants had not yet been decided despite the lapse of more than four (4) years from the time the case was filed on 21 February 1994. Again in his Complaint-Affidavit dated 6 November 1998 complainant specified that as of the date of the complaint respondents Judge Diaz and Clerk of Court Ortiz, Jr. had not "given [him] the courtesy of a resolution/decision [in Civil Case No. 8517] in violation of the Anti-Graft and Corrupt Practices Act and other existing laws which require x x x public officials to x x x decide case[s] within ninety (90) days from the date[s] of [their] submission for resolution." The act and/or omission of the other respondent Branch Clerk of Court Victory A. Edralin was not specified.

In their separate comments both respondents Judge Diaz and Clerk of Court Ortiz, Jr., alleged that Civil Case No. 8517 was already decided on 20 May 1998 even before the date of complainant's Complaint-Affidavit. Respondent judge alleged that complainant would have discovered this fact had he been circumspect enough to check the records of the case, hence, prayed that the complaint be dismissed for being unfounded and baseless.

WHEREFORE , as recommended by the Office of the Court Administrator, and it appearing that Civil Case No. 8517 subject of the complaint was already decided on 20 May 1998, the instant administrative complaint is DISMISSED for lack of merit.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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