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[ A.M. No. OCA I.P.I. 97-326-P. January 31, 2000]

ROEL OLIVER vs. LITA BANDOY

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 31 2000.

A.M. No. OCA I.P.I. 97-326-P (Roel Oliver vs. Lita Bandoy, Clerk of Court, MCTC, Bislig-Lingig, Surigao del Sur.)

This is a complaint, dated March 18, 1997, of Roel Oliver charging respondent Clerk of Court Lita Bandoy of the Municipal Circuit Trial Court, Bislig-Lingig, Surigao del Sur with extortion. The complaint was originally filed with the Office of the Ombudsman which indorsed the same to this Court. The complaint alleges that when Roel Oliver went to the MCTC, Bislig-Lingig, Surigao del Sur in order to post bail, respondent demanded P200.00 from him as "processing fee." She refused to issue him an official receipt, saying "if you insist on asking for the official receipt, I will not process your bail and you will instead be placed in jail."

Substantially the same allegations were made in the complaint filed directly with this Court by Gerry C. Sanchez against respondent, docketed as A.M. No. P-99-1294. Gerry C. Sanchez allegedly accompanied Roel Oliver when the latter had his encounter with respondent. Sanchez's complaint, docketed as A.M. No. P-99-1294, was dismissed on October 4, 1999 for his and Roel Oliver's failure to substantiate their charges. Despite notice to them, both Sanchez and Oliver failed to appear during the investigation held by Executive Judge Ermelindo G. Andal of the Regional Trial Court, Tandag, Surigao del Sur. For this reason, in its memorandum, dated December 16, 1999, the Office of the Court Administrator stated that there is no need to continue with this case.

The observation is well taken. Besides the failure of Roel Oliver and Gerry Sanchez to appear at the investigation conducted in A.M. No. P-99-1294, it appears that complainant Roel Oliver also executed an affidavit of desistance, dated June 5, 1999, in which he stated that the whole incident arose out of a "communication gap" between him and respondent. In the same affidavit, complainant prayed for the withdrawal of this case along with A.M. No. P-99-1294.

WHEREFORE, the Court RESOLVED to DISMISS this case for lack of interest and for failure of complainant Roel Oliver to prosecute the same.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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