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[G.R. No. 138143.November 24, 1999]

TRANS-ASIA SHIPPING LINES vs. HON. MACARAMBON

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 24,1999.

G. R. No. 138143(TRANS-ASIA SHIPPING LINES, INC. vs. HON. MOSLEMEN MACARAMBON, in his capacity as the Presiding Judge of the RTC, Branch ll of Malabang, Lanao del Sur, et. al.)

On April 28, 1999, Trans-Asia Shipping Lines, Inc. (Trans-Asia) ¹ It is a corporation engaged in inter-island shipping with principal office at Trans-Asia Building, Cors. M. J. Cuenco Avenue, Cebu City filed with this Court a petition for change of venue of Civil Case No. 11-140 ² Pending before Branch 11, Regional Trial Court, Malabang, Lanao del Sur, Judge Moslemen Macarambon, presiding. filed against it by private respondent Sonny Ambrosi Macarambon.Petitioner further prays that public respondent Judge Moslemen T. Macarambon be permanently enjoined from acting on the civil case.

On September 4, 1998, Judge Moslemen Macarambon and Sonny Ambrosi Macarambon boarded one of petitioner's vessels, MV Asia-Brunei, at the port of Cebu bound for Malabang, Lanao del Sur. However, they were not accommodated in the vessel's ambassador suite as this was previously booked. The original ship that the father and son were supposed to board was denied clearance at the port of Cebu and the replacement vessel had a smaller capacity. Hence, not all the passengers booked were accommodated thereat.

Trans-Asia, through its legal officer, apologized for the inconvenience and informed respondents that if the offered accommodation would not be acceptable to them, petitioner would be willing to refund the ticket. Despite the offer, Judge Moslemen Macarambon became furious and expressed his intention to bring the matter to court. Brandishing his calling card to petitioner's employee, respondent judge said: "You know I am a judge. You should have accommodated me first." ³ Rollo, p. 6. Respondents immediately disembarked from the vessel.

Petitioner's attempt to reach an amicable settlement with respondents failed because the latter demanded big amounts. Respondents Judge Moslemen Macarambon and Sonny Ambrosi Macarambon demanded one hundred fifty thousand (P150,000.00) pesos and one hundred thousand (P100,000.00) pesos, respectively.

On January 27, 1999, respondent Sonny Ambrosi Macarambon filed with Regional Trial Court, Malabang. Lanao del Sur, Branch 11, a civil action against petitioner Trans-Asia, for breach of contract and damages. ⁴ Docketed as Civil Case No. 11-140.

On September 1, 1999, this Court issued a resolution ⁵ Resolution, Rollo, pp. 57-58. granting the petition for change of venue and authorizing Executive Judge Noli T. Catli, Regional Trial Court, Cagayan de Oro City, to raffle the case among the regional trial court branches thereat. We ordered respondent judge to explain, within ten (10) days from receipt of notice, why he took cognizance of the civil case despite the fact that it involved his son Sonny Ambrosi Macarambon, and it arose out of an incident in which he was personally involved, as well as to comment on the report of petitioner regarding his unjudicial conduct in that incident.

Earlier, on August 23, 1999, respondent Sonny Ambrosi Macarambon executed a "Quitclaim, Release and Waiver" in favor of petitioner.Trans-Asia and Sonny Ambrosi Macarambon immediately filed with the trial court a joint motion to dismiss, submitting a copy of the quitclaim and waiver for approval of the court. On the same date, respondent judge approved the waiver and dismissed the case. ⁶ Regional Trial Court Decision, Rollo, p. 68.

On September 14, 1999, petitioner filed with this Court a manifestation ⁷ Manifestation, Rollo, pp. 59-60. praying for the dismissal of the petition for change of venue because Civil Case No. 11-140 had been dismissed by the trial court.

We deny petitioner's prayer for dismissal of the petition for change of venue. We set aside the August 23, 1999 decision of respondent judge in Civil Case No. 11-140. Under Rule 137, Section 1 of the Rules of Court, respondent judge is disqualified to sit in any case in which his child is pecuniarily interested or in which he is related to either party within the sixth degree of consanguinity. Sonny Ambrosi Macarambon, the plaintiff in the civil case pending before the trial court is son of respondent judge.

WHEREFORE, the trial court's. August 23, 1999 decision in Civil Case No 11-140 is SET ASIDE and this Court's resolution of September 1, 1999 is reiterated, directing the transfer of Civil Case No. 11-140 to the Regional Trial Court, Cagayan de Oro City. Let copies of the quitclaim, release and waiver, as well as the joint motion to dismiss filed by the parties before the Regional Trial Court, Malabang, Lanao del Sur, Branch 11, be forwarded to the proper branch of the Regional Trial Court, Cagayan de Oro City, where Civil Case No. 11-140 was raffled.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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