Philippine Supreme Court Resolutions > Year 2008 > April 2008 Resolutions > [A.M. OCA I.P.I. No. 06-2439-P : April 09, 2008] RE: HON. MARIA ELISA SEMPIO DIY, RTC BRANCH 225, QUEZON CITY IN HER CAPACITY AS THEN PRESIDING JUDGE, METROPOLITAN TRIAL COURT (METC), BRANCH 34, QUEZON CITY V. JOVENCIO G. OLIVEROS, JR. UTILITY WORKER, RTC, BRANCH 102, QUEZON CITY:

Quoted hereunder, for your information, is a resolution of the Court dated 09 April 2008:

A.M. OCA I.P.I. No. 06-2439-P (Re: Hon. Maria Elisa Sempio Diy, RTC Branch 225, Quezon City in her capacity as then Presiding Judge, Metropolitan Trial court (MeTC), Branch 34, Quezon City v. Jovencio G. Oliveros, Jr. Utility Worker, RTC, Branch 102, Quezon City)

Judge Maria Elisa Sempio Diy of the Regional Trial Court (RTC), Branch 225 in Quezon city, in her capacity as then Presiding Judge of the Metropolitan Trial Court (MeTC), Branch 34 in Quezon City, charged Jovencio G. Oliveros, Jr., Utility Worker in the RTC, Branch 102 in Quezon City, with falsification of an order of release of Marie Paz Ramos dated April 28, 2004.  Judge Sempio Diy claimed that she never issued an order of release in connection with Criminal Case No. 123711 entitled People of the Philippines v. Marie Paz Ramos.  Attached to Judge Sempio Diy's complaint letter is the affidavit of PO3 Emelito Dela Cruz, attesting that he received the questioned order from Oliveros, which he gave to desk officer SPO2 Arsenio Mendoza, who, in turn, released Ramos, a detention prisoner for theft, from custody.

In his Comment, Oliveros, vehemently denied having delivered an order of release of Ramos.  He submitted a copy of a resolution dated January 27, 2005 issued by Assistant City Prosecutor Maximo B. Usita, Jr., dismissing the case against him for forgery of the said order of release.

Judge Ralph Lee of the RTC, Branch 83 in Quezon City, previously an Executive Judge of the MeTC in Quezon City, conducted a hearing on March 16, 2005, attended by both PO3 Dela Cruz and Oliveros.  Executive Judge Ma. Victoria Alba-Estoesta conducted subsequent hearings.  However, PO3 Dela Cruz and even Ramos could no longer be located.  Judge Estoesta then recommended the dismissal of the falsification charge against Oliveros for insufficiency of evidence.

After investigation, the Office of the Court Administrator (OCA) disagreed with Judge Estoesta's recommendation.

We concur with the OCA.

The allegation of Judge Sempio Diy is a serious matter since falsification of an order of release undermines the integrity of the judiciary.  The matter requires a thorough investigation.

WHEREFORE, General Avelino Razon, Director-General of the Philippine National Police (PNP) is hereby ORDERED to inform Executive Judge Ma. Victoria Alba-Estoesta of the MeTC in Quezon City of the whereabouts or current assignment of PO3 Emelito Dela Cruz and direct him to comply with the court's orders to appear during the hearing of this case whenever his presence is required.

Executive Judge Estoesta is directed to PROCEED with the investigation of this matter after receipt of compliance of the PNP.  She is REQUIRED to submit her report and recommendation within thirty (30) days from the termination of her investigation.

SO ORDERED.