OCA IPI No. 05-2187-RTJ.
February 15, 2006]
ROMULO A. SALAZAR v.
JUDGE ROLANDO M. LACDO-O
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of the
Third Division of this Court dated FEB. 15, 2006
OCA IPI No. 05-2187-RTJ (Romulo
A. Salazar v.
Judge Rolando M. Lacdo-O)
On September 20, 2004,
Atty. Romulo A. Salazar filed an administrative
complaint against Judge Rolando M. Lacdo-o, the
Presiding Judge of the Regional Trial Court, Branch 3, Guiuan,
Eastern Samar
for dereliction of duty, knowingly rendering an unjust judgment and tampering
with the transfer of stenographic records.
Complainant is plaintiffs' counsel in Civil Cases No. 779 and No.
792, both filed before the sala of respondent
judge. Complainant alleged that
respondent has failed to act on the Notice of Appeal in Civil Case No. 779
filed on December 6, 2003
and to forward the case records to the Court of Appeals despite his frequent
inquiries and follow-ups. Respondent
also allegedly admitted a deed of absolute sale presented as evidence in Civil
Case No. 792 despite vigorous objections from complainant. Complainant contended that the document was
inadmissible in evidence as its inadmissibility was not denied by defendants in
the answer. Complainant further claimed
that respondent judge tampered with the transcript of stenographic notes (TSN)
to make it appear that he propounded cross-examination questions to the
witnesses when no such incident transpired.
In his Comment dated April
25, 2005, respondent judge denied the allegations that he sat on
complainant's Notice of Appeal and that he tampered with the TSN. Respondent judge also submitted that the
correctness of his ruling on the admissibility of the deed of absolute sale is
not a proper subject of an administrative case since the decision had already
been elevated to the Court of Appeals.
Upon investigation, the Office of the Court Administrator
discovered that contrary to complainant's allegation, respondent judge had
approved the Notice of Appeal and ordered the transmittal of the case records
on January 21, 2004. Violeta L. Sison, the court stenographer on duty who took the TSN
allegedly tampered with by respondent judge, stated in her affidavit that the
TSN is a faithful representation of the testimony of the witnesses.
The administrative complaint must be dismissed for lack of merit.
Complainant failed to present sufficient evidence to prove his
allegations against respondent judge. Mere allegation is neither equivalent to proof nor evidence.
[1]
cralaw As a matter of fact, the charges against
respondent judge are all disputed by the evidence on record. The transmittal letter dated January 24, 2004 signed by the Clerk
of Court, a copy of which was furnished and received by complainant on February 26, 2004 or prior to the
filing of the administrative complaint, indicates that
the case records in Civil Case No. 779 had long been forwarded to the Court of
Appeals. With respect to the charge of
tampering with the TSN, suffice it to say that the affidavit of the court
stenographer sufficiently dispels any doubt on the genuineness of the TSN. The presumption of regularity in the
performance of official function has not been overcome by complainant. The appeal of the decision in Civil Case No.
792 is pending resolution by the Court of Appeals. Well-settled is the rule that disciplinary
proceedings and criminal actions against judges are not complementary or suppletory to, or a substitute for, the judicial remedies
which are available. Resort to judicial
remedies, as well as the entry of judgment in the corresponding action or
proceeding, is a pre-requisite for the taking of administrative, civil, or
criminal actions against the judges concerned.
[2]
cralaw
WHEREFORE, the administrative complaint against Judge Rolando M. Lacdo-o, Regional Trial Court, Branch 3, Guiuan, Eastern Samar, is hereby
DISMISSED.
Very truly yours,
(Sgd.) LUCITA
ABJELINA-SORIANO
Clerk of Court
