ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[A.M. No. 00-1-39-MTC.January 23, 2001]

RE: COMMENT OF JUDGE ARTURO R. NATIVIDAD

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 23 2001.

A.M. No. 00-1-39-MTC(Re: Comment of Judge Arturo R. Natividad on the Memorandum-Letter submitted by DCA Elepa�o to the Chief Justice Relative to the "Grenade Incident" that Occurred on 06 December 1999.)

����������� The administrative matter under consideration originated from a memorandum-letter, dated 06 December 1999, by Deputy Court Administrator Zenaida N. Elepa�o to Chief Justice Hilario G. Davide, Jr., relative to the "grenade incident" that occurred on 06 December 1999. Portions of the memorandum-letter read:

"From the bits and pieces of information I gathered, it appears that Atty. Ching and Lito Guisando had been 'live-in' partners for almost four (4) years already. Atty. Ching is widowed while Guisando is separated from his wife and children. In August of this year, Atty. Ching met Judge Jose Arturo Natividad of MTC Cainta, Rizal and fell in love with him. Judge Natividad is married. His wife is in the United States but his four children are with him here.

"In the early part of last month, Atty. Ching told Guisando that she was terminating their relationship as 'she was pregnant' and carrying the child of Judge Natividad. Guisando could not accept this development and threatened to shoot Atty. Ching. This happened on 11 November 1999 when I had already left for Batangas City for the Dialogue with Chief Justice scheduled the following day. This incident was reported to me only lately and I planned to ask Atty. Ching what happened but she had been absenting herself frequently, so that had no chance to sit down and really talk with her." (Rollo, p. 2.)

Acting on the report, Court Administrator Alfredo L. Benipayo required Judge Jose Arturo Natividad to comment on his alleged illicit relationship with Atty. Marina Ching. In his compliance therewith, Judge Natividad denied the supposed illicit relationship and the statement that Atty. Ching was pregnant with his child. Judge Natividad added:

"Cognizant as DCA Elepa�o is or should be of the most elementary of evidentiary rules and the most basic of substantive laws, her conclusions, again factual in character, arrived at solely, per her own declaration no less, after gathering 'bits and pieces of information' which she evidently could not even lay claim to having personal knowledge of, and her having circulated the same in writing collectively constitutes an unmitigatedly irresponsible act amounting to gross misconduct totally unbecoming of a public officer, specially one of her rank in the judiciary. I, likewise, respectfully submit that the same constitutes a flagrant violation of my constitutionally guaranteed and statutorily protected right to due process, a breach for which she should be held accountable."

Judge Natividad requested that his communication be treated as a formal complaint against DCA Elepa�o.

In its resolution of 08 February 2000, the Court, among other things, directed OCA Elepa�o to comment on the charges of Judge Natividad.

In her compliance, dated 19 March 2000, DCA Elepa�o explained that "(s)he never reported as fact that complainant and Atty. Marina Ching were having an illicit affair and that the latter was impregnated by him" but that her report merely stated that according to her sources of information, "it was Atty. Ching who told Guisando that she was pregnant by Judge Natividad." She added:

"It must be understood that the undersigned was directed by the Chief Justice to immediately submit a preliminary report on the grenade incident. Therefore, it was necessary that she conduct inquiries on the matter. In the process thereof, Judge Jose Arturo Natividad was repeatedly mentioned by different sources in separate instances as someone linked with Atty. Ching and whose entanglement with her appeared to be the main cause for the Ching-Guisando break-up."

She concluded by declaring that "everything she did relative to the grenade incident report was discharged with absolute good faith, in the sincere and honest performance of her official duties, all in the greater interest of judicial service and in the nobler pursuit of truth and justice. She could do no less, true as she is to her solemn oath of office as Deputy Court Administrator and to her bounden obligation to the Honorable Court as an official thereof."

The Court can understand the aggravation felt by Judge Natividad upon learning that his name has appeared in the grenade incident report, as well as his apprehensions that he might get himself indicted even before formal charges are filed against him.

The Court is equally aware, however, that DCA Elepa�o, in submitting her report to the Chief Justice, has acted against time and, unfortunately, been unable to forthwith secure proper substantiations, particularly, on the alleged relationship between Judge Natividad and Atty. Ching. it is noteworthy that DCA Elepa�o, eventually, has been able to furnish the Court with affidavits to alleviate concern that she has merely fed the Court with hearsay information. The Court is of the view that DCA Elepa�o might have acted rather hastily, but not with malice or in bad faith, in discharging the task given to her.

WHEREFORE, the complaint of Judge Arturo R. Natividad is DISMISSED.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com