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[A.M. No. RTJ-02-1738.� February 7, 2005]
ADALIM-WHITE vs. BUGTAS
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 7 2005 .
Administrative Matter No. RTJ-02-1738 (Atty. Juliana Adalim-White vs. Judge Amulfo O. Bugtas, RTC, Branch 2, Borongan, Eastern Samar .)
In compliance with the Resolution of the Court dated November 25, 2002, requiring the parties to manifest if they are willing to submit the case for resolution on the basis of the pleadings filed, respondent Judge filed a Manifestation dated January 27, 2003, requesting for a formal investigation which the Court noted in its Resolution dated March 31, 2003 while awaiting for the compliance of complainant. On December 1, 2004, respondent filed a Motion to Dismiss on the ground of lack of interest to prosecute the administrative case on the part of complainant and for lack of evidence. The Division Clerk of Court of this Court reported that complainant received the Resolution dated November 25, 2002 on January 24, 2003.
Considering that desistance of a complainant is not a valid ground for dismissing an administrative case; [1] cralaw and considering further that there is a need to establish certain facts surrounding the complained acts allegedly committed by respondent, let herein administrative case be referred to Justice Lucas P. Bersamin of the Court of Appeals for investigation and submission of report and recommendation, within ninety (90) days from receipt of the records.
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Manaois vs. Leomo , 409 SCRA 596, 602 (2003).
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