ChanRobles Virtual law Library

A.M. No. OCA I.P.I. No. 01-1008-MTJ. November 27, 2002

LACANILAO v. ROSETE et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 27 NOVEMBER 2002 :

RESOLUTION. ADM. MATTER No. OCA I.P.I. No. 01-1008-MTJ (Edwin Lacanilao vs. Judge Maxwell S. Rosete, MeTC, Branch 58, San Juan Metro Manila, In His Capacity as Presiding Judge, MTCC, Branch 2, Santiago City, et al.).

The Supreme Court designated Executive Judge Fe Madrid of the Regional Trial Court in SantiagoCity, Isabela to conduct a formal investigation. On April 17, 2002 , the complainant filed a motion for inhibition of Judge Madrid alleging that she was partial to the respondent judge. However, Judge Madrid continued with the investigation. On June 17, 2002 , the complainant again sent a letter to Judge Madrid reiterating that she inhibit herself from investigating the case. This prompted Judge Madrid to write a letter dated June 27, 2002 informing the Court that she was inhibiting herself from taking cognizance of the case claiming that she had observed that the complainant was "paranoid and mentally out of touch." Judge Madrid returned the record of the case to the Court because of her inhibition.

The Court Resolved to GRANT the inhibition of Judge Fe Madrid and to direct the OCA to designate a Judge within ten (10) days from notice to continue with the formal investigation.

The Court further Resolves to NOTE: (1) the Report; dated 27 June 2002 of Executive ye Judge Fe Albano Madrid and (2) the letter in the vernacular dated 18 February 2002 of Ole Sta. Barbara.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE