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[A.M. OCA IPI No. 04-1566-MTJ. January 19, 2005]

ONG vs. SOL-JOMUAD

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 19 2005 .

A.M. OCA IPI No. 04-1566-MTJ (Willy Ong vs. Judge Teresita Sol-Jomuad, MCTC, Ginatilan, Cebu.)

In a Complaint dated March 15, 2004, Willy Ong charged respondent Judge Teresita Sol-Jomuad with Ignorance of the Law and Grave Misconduct in connection with the latter's decision in Civil Case No. 53 for forcible entry. According to Ong, the defendants in the case failed to specifically deny the material allegations in the complaint. Hence, Judge Sol-Jomuad should have decided the case in favor of the plaintiff, Ong's client.

Respondent filed a Comment dated June 3, 2004 maintaining that her decision was based on the applicable law and jurisprudence on the matter. There is therefore no basis to hold her administratively liable.

The Office of the Court Administrator recommends that the Complaint be dismissed for being judicial in nature. Ong's recourse against respondent's allegedly erroneous decision was to file the appropriate appeal or petition for review under the Rules of Court.

We agree. In Galan Realty Co., Inc. v. Arranz , A.M. No. MTJ-93-878, October 27, 1994, 237 SCRA 770, we held that a judge should not unnecessarily be subjected to liability for his official acts, no matter how erroneous, as long as he acts in good faith and without malice. The proper remedy of the aggrieved party is not to file an administrative case against the judge but an appeal or a petition for review of his decision.

IN VIEW OF THE FOREGOING, the instant Complaint is hereby DISMISSED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Clerk of Court

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