June 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2010 > June 2010 Resolutions >
[A.M. OCA IPI No. 10-2228-MTJ : June 16, 2010] RE: VICENTE D. IMUS VS. JUDGE IRMA B. PANAHON-ABAD, MTCC, URDANETA CITY :
[A.M. OCA IPI No. 10-2228-MTJ : June 16, 2010]
RE: VICENTE D. IMUS VS. JUDGE IRMA B. PANAHON-ABAD, MTCC, URDANETA CITY
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 16 June 2010, which reads as follows:
R E S O L U T I O N
In a verified letter-complaint, dated December 16, 2009, to the Office of the Court Administrator, Vicente D. Imus of Bayombong, Pangasinan, private complainant in Criminal Case Nos. 25345-25347 entitled People v. Alfredo Libunao, for several counts of violation of B.P. Blg. 22, assails the bench warrant issued against the accused and the bail of P500.00 set by respondent Judge Irma B. Panahon-Abad, MTCC, Urdaneta City. The complainant considers the recommended bail insufficient since the case involves P117,000.00, for which he paid a filing fee of P4,545.00.
Additionally, the complainant alleged that the criminal cases commenced in 2005 at the Region I Housing and Land Use Regulatory Board in San Fernando, La Union and were turned over to the MTCC in Urdaneta City, Pangasinan, "for writ of execution," but "unfortunately until now," it has "not yet ended" He, therefore, bewails the delay in the disposition of the case.
Considering the complainant's allegations, the Court resolves to:
1) dismiss the complaint with respect to the bail set by the respondent judge; the question of bail is a matter pertaining to the performance of the respondent's judicial functions that, in the absence of fraud, dishonesty, gross ignorance, bad faith or deliberate intent to do an injustice, should not be addressed through an administrative complaint; and
2) require Judge Irma B. Panahon-Abad to comment on complainant's charge of delay in the disposition of the criminal cases, within ten (10) days from receipt of copy of this Resolution.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court