Philippine Supreme Court Resolutions > Year 2007 > August 2007 Resolutions > [A.M. No. P-06-2178 : August 01, 2007] ANGELITA L. LLANERA V. EUGENIO N. STO. TOMAS, CLERK OF COURT II, MTC, CABUYAO, LAGUNA:

Quoted hereunder, for your information, is a resolution of this Court dated 01 August 2007:

A.M. No. P-06-2178 - Angelita L. Llanera v. Eugenio N. Sto. Tomas, Clerk of Court II, MTC, Cabuyao, Laguna


Upon recommendation of the Office of the Court Administrator in its Memorandum dated May 28, 2007, on the Letter-Request dated March 26, 2007 of Hon. Teodoro N. Solis, Regional Trial Court, Branch 25, Bi�an, Laguna for clarification as to who shall investigate herein case, the Court RESOLVES to:

1) REVOKE the designation of Acting Executive Judge Romeo C. de Leon, RTC, Bi�an, Laguna, to investigate the case;

2) RECALL the Resolution dated June 13, 2007 directing Judge de Leon to submit his report and recommendation; and

3) ASSIGN  said case to  Executive Judge Marino E. Rubia, RTC, Bi�an, Laguna, for investigation, report and recommendation 60-days from notice
hereof.

The conduct of investigation of this case is ordered by the Court in view of the serious allegations in the complaint charging respondent Eugenio N. Sto. Tomas of incompetence, bias and partiality, viz:

1) in the criminal case filed by complainant Angelita L. Llanera's parents against certain Ruperto and Benjamin Cabrera, the latter were not arrested because the warrant of arrest "disappeared" and despite non-payments of the bailbond; and

2) in the civil case regarding a closure of a right of way, complainant paid the bond (P5,000.00) required in the mandatory injunction issued by the court, but respondent did not issue a receipt and the right of way was not opened.

Further, the Court RESOLVES to REQUIRE Judge de Leon to SHOW CAUSE within 10 days from notice hereof, why he should not be disciplinarily dealt with or held in contempt of court for failure to investigate this case within 90 days from receipt of records as directed by the Court in the Resolution dated August 16, 2006 up to the time he returned to his official station in RTC of Calamba City, Branch 35 on December 19, 2006; and to report the status of the case upon his return to his official station to avoid undue delay in the resolution of this case.

SO ORDERED.