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[A.M. OCA IPI No. 02-1298-MTJ.
MANANSALA vs. KWONG
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
court dated
A.M. OCA IPI No. 02-1298-MTJ (Ramon Manansala, et al. vs. Judge Eleanor R. Kwong, Branch 51, Judge Edwin B. Ramizo, Branch 53, and Alvin A. Buencamino, Sheriff III, Branch 53, all of the Metropolitan Trial Court of Caloocan City.)
This refers to the motion for reconsideration of the Resolution
of
Complainants reiterate that Judges Kwong and Ramizo as well as
Sheriff Buencamino failed to observe the provisions of Republic Act No. 7279
and Executive Order no. 152 before the writs of execution and demolition were
implemented against them, allegedly because they are underprivileged,"
"homeless" and belong to the marginalized sector of the Philippine Society."
The applicability of Republic Act No. 7279 and Executive Order No. 152 to complainants
is a judicial matter.This court has
consistently held that the acts of a judge pertaining to his judicial functions
are not subject to disciplinary power unless they are committed with fraud,
dishonesty, corruption or bad faith (Frani vs. Pagayatan, 363 SCRA 707).Complainants have not demonstrated that such
vices attended the issuance of the writs of execution and demolition by Judges
Kwong and Ramizo.Neither have they
shown any impropriety in the implementation of said writs by Sheriff
Buencamino.Complainants have availed
of various judicial remedies in an attempt to set aside their eviction but
failed to secure any affirmative relief.As aptly observed by the Office of the Court Administrator in a Report
dated December 15, 2003, an administrative complaint should not be allowed as a
vehicle for the review of decisions of the trial court and/or the Court of
Appeals which have long become final.The Court finds no substantial argument to warrant the reconsideration
of the resolution of
WHEREFORE, the motion for reconsideration is DENIED with FINALITY for lack of merit.
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
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