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[A.M. OCA IPI No. 04-2022-RTJ.
DAYAG vs. ROSARIO-MERCADO
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated
A.M. OCA IPI No. 04-2022-RTJ (PC/Insp. Marcelo B. Dayag vs. Judge Ma. Josephine Rosario-Mercado, Br. 55, Judge Herminio Z. Canlas, Br. 54, Judge Teodora R. Gonzales, MCTC, Apalit, Pampanga, and Atty. Araceli S. Crisostoino, Clerk of Court VI, OCC, all of the RTC, Macabebe, Pampanga.)
In a Complaint dated
Complainant, who is the Chief of Police and Station Commander of Apalit, Pampanga, alleges that
after the conduct of the
Then, a man with a sledgehammer started banging the aluminum frame and glass door of the main entrance. Several persons including two (2) candidates for Mayor and the incumbent vice-mayor entered the building and proceeded to the Office of the Mayor where they forced open the doors, broke glasses, threw out all the frame pictures hanging on the wall and announced that the incumbent vice-mayor, Alex Manlapaz, was taking over as Municipal Mayor.
Meanwhile, several ballot boxes were forcibly taken by three (3) or four (4) persons but fortunately they were recovered by some policemen. Canvassing of votes had to be transferred to the Provincial PNP Command at Camp Olivas, San Fernando, Pampanga.
It was only in the late morning of
Complainant states that from
Respondent Crisostomo refused to receive the criminal complaint allegedly upon instruction of the Executive Judge since the case is cognizable by the MCTC. Complainant pointed out to respondent Crisostomo that it was a matter of extreme urgency that the case be filed. Considering that MCTC Apalit is closed, the Executive Judge should assign the case to a judge from the nearest municipality within the same judicial region as mandated by the rules. Still respondent Crisostomo refused to accept the complaint.
Complainant avers that respondent Judges were remiss in their duty to hold office during working days and thus violated OCA Circular No. 62-2004. Other similar issuances which direct judges to report to their respective courts on the day of the election to be able to act on and resolve all election matters within their jurisdiction with caution and dispatch.
Respondent Judge Gonzales eventually reported for work on
It was only in the afternoon of
Complainant concedes that the action of respondent Judge Gonzales is still within the period imposed in Sec. 9 (b), Rule 112 of the Rules of Court; however, she committed grave abuse of authority for ignoring the urgency of the matter. Moreover, they were informed that several of the accused in the case are relatives of some of the personnel of the MCTC. Complainant expressed bewilderment over respondent Judge Gonzales's continued inaction and failure to find probable cause despite the very clear circumstances stated in the complaint.
In her COMMENT dated
Respondent Judge Rosario-Mercado also points out that complainant had other judicial remedies other than the filing of an administrative complaint if he truly believed that the RTC of Macabebe, Pampanga had jurisdiction over the case. The complainant eventually filed the criminal complaint before the MCTC of Apalit-San Simon which court has jurisdiction over the case as admitted by complainant himself.
The OCA recommended that the charges against Judge
Rosario-Mercado be dismissed for lack of merit. The OCA confirmed the
respondent Judge had an approved application for leave on
Considering the foregoing, the Court resolves to DISMISS the administrative complaint against Judge Ma. Josephine Rosario-Mercado for utter lack of merit.
Very truly yours,
(Sgd.)
LUDICHI YASAY-NUNAG
Clerk of Court
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