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[A.M. OCA IPI No. 00-885-RTJ.  May 6, 2004]

YEBES vs. JARDIN

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 6 2004.

A.M. OCA I.P.I. NO. 00-885-RTJ (Carlito B. Yebes vs. Galdino B. Jardin, Sr., Presiding Judge, Regional Trial Court, Branch 5, Butuan City.)

R E S O L U T I O N

The above-numbered administrative matter originated from a complaint, dated 13 January 1999, filed by one Carlito B. Yebes against Judge Galdino B. Jardin, Sr., of the Regional Trial Court (RTC), Branch 5, Butuan City, charging the latter with serious misconduct and gross inefficiency relative to his orders in Special Proceedings Case No. 823 ("In the matter of the Petition to Approve the Holographic Will of Sisinando Guerrero and the issuance of Letters of Administration to Sarah Guerrero Sanchez Valdehueza").

The case was referred to then Court of Appeals (now Supreme Court) Associate Justice Romeo J. Callejo, Sr., for investigation, report and recommendation. In view of the appointment of Justice Callejo to this Court, the case was re-assigned to Court of Appeals Associate Justice Oswaldo D. Agcaoili.

In his report, dated 04 August 2003, Justice Agcaoili stated that he found no clear evidence to sustain the allegation that Judge Jardin solicited money and property from the heirs. Atty. Yebes failed to substantiate his allegations and the proofs he presented were said to be at best circumstantial. Justice Agcaolili, nevertheless, found respondent Judge Jardin guilty of inefficiency and gross ignorance of the law.

It would appear, however, that in A.M. No. RTJ-99-1448 (Magarang vs. Jardin, Sr., 06 April 2000, 330 SCRA 79), the Court already meted the most severe administrative penalty on respondent Judge for acts of corruption; thus:

"WHEREFORE, we DISMISS respondent Judge GALDINO B. JARDIN, SR., Regional Trial Court, Butuan City, Branch 05 from service with forfeiture of all retirement benefits and leave credits, if any, with prejudice to reinstatement or reemployment in any branch, instrumentality or agency of the government including government owned or controlled corporations.

"Judge Jardin shall immediately vacate his position as Judge, Regional Trial Court, Branch 05, Butuan City as well as any position in the judiciary to which he may be presently assigned, and desist from deciding or resolving any case or incidents therein upon receipt of notice hereof.

"SO ORDERED."

IN VIEW OF THE WHEREOF, the instant administrative case, given the foregoing, is now deemed closed and terminated.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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