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A.M. OCA IPI No. 02-1435-RTJ. November 26, 2002]

COMPLAINT OF JUDGE AYSON AGAINST RTC JUDGES OF BAGUIO CITY

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court dated NOV. 26, 2002

AM OCA IPI No. 02-1435-RTJ (Complaint of Judge Ayson Against RTC Judges of Baguio City)

Acting on the REQUEST for CLARIFICATION dated 25 October 2002 filed by Judge Ruben Ayson, the Court RESOLVES:

(1) To clarify that its 16 July 2002 En Banc Resolution was not superceded by the 18 September 2002 Resolution of the First Division, in the sense that Judge Ayson may present before the Investigating justice such evidence as he may have to prove his own charges in the present case, regardless of the action taken in AM OCA No. 01-1248-RTJ.

(2) To state that, as in the foregoing item, Judge Ayson may also present before the Investigating Justice such evidence as he may have to prove his own charges in the present case, regardless of the disposition in AM OCA-IPI No. 02-1435-RTJ, a Second Division case.

It should be noted that actions of the Divisions of the Court do not overturn or amend actions or resolutions of the full Court. Besides, the Resolutions taken in the two aforecited cases by the First and Second Divisions were made without any formal investigations and were issued upon the recommendation of the Office of the Court Administrator on the basis of the pleadings submitted thereon. On the other hand, the present case has been referred by the Court en banc to Justice Godardo Jacinto for investigation, report and recommendation. In short, the evidence to be presented herein by judge Ayson should be independent and separate from those two cases in which no evidence has been actually received since the cases were decided merely on the basis of the pleadings.

In any event, judge Ayson was not a party to these two Division cases, and hence, may submit relevant and material evidence to prove, his own allegations.

The Court further Resolved to GRANT the Motion to be Furnished Copies of Annexes and for Additional Time to File Comment on the Letter of RTC Baguio City Judges, dated 25 October 2002 filed by counsel for Judge Ruben Ayson.

The Clerk of Court is hereby directed to furnish counsel for Judge Ayson with copies of the annexes as soon as possible. Davide,.Jr., C.J., and Puno, J., are abroad on official business.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Acting Clerk of Court

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