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A.M. No. RTJ-05-1925 [Formerly OCA IPI No. 00-989-RTJ]. July 25, 2006]

GRACE F. MUNSAYAC C. DE VILLA, et al. vs. JUDGE ANTONIO C. REYES

En Banc

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JULY 25, 2006

A.M. No. RTJ-05-1925 [Formerly OCA IPI No. 00-989-RTJ] (Grace F. Munsayac C. de Villa, et al. vs. Judge Antonio C. Reyes);

A.M. No. RTJ-05-1926 [Formerly A.M. OCA IPI No. 01-1248-RTJ] (Ramon K. Ilusorio vs. Judge Antonio C. Reyes, RTC, Branch 61, Baguio City);

A.M. No. RTJ-05-1927 [Formerly A.M. OCA IPI No. 02-1435-RTJ] (Judge Ruben Ayson vs. RTC Judge of Baguio City);

A.M. No. RTJ-05-1928 [Formerly A.M. OCA IPI No. 02-1485-RTJ] (Judge Clarence Villanueva vs. Judge Ruben C. Ayson );

A.M. No. RTJ-05-1929 [Formerly A.M. OCA IPI No. 02-1552-RTJ] (Judge Ruben Ayson vs. Judge Abraham Borreta );

A.M. No. RTJ-05-1930 [Formerly A.M. OCA IPI No. 02-1559-RTJ] (Atty. Cristeta R. Caluzo-Flores vs. Judge Amado S. Caguioa ); and

A.M. No. P-05-2020 [Formerly A.M. OCA IPI No. 02-1358-P] (Hon. Amado S. Caguioa vs. Atty. Cristeta R. Caluzo-Florez .)

This resolves the (1) Manifestation and Motion dated July 7, 2006 filed by Atty. Federico R. Agcaoili in A.M. No. RTJ-05-1926 entitled Ramon K. Illusorio v. Judge Antonio C. Reyes; and (2) Motion for Reconsideration of the Court's June 26, 2006 en banc Decision filed by respondent Judge Clarence Villanueva in A.M. No. RTJ-05-1927 entitled Judge Ruben Ayson vs. RTC Judge of Baguio City. The Court's en banc Decision consolidated and resolved the related administrative cases mentioned therein, among which are A.M. No. RTJ-05-1926 and A.M. No. RTJ-05-1927.

In his aforesaid Manifestation and Motion, Atty. Agcaoili asks that the Court amends its en banc Decision of June 26, 2006 by deleting therein any reference to, and/or finding of, alleged wrong-doing on his part. Atty. Agcaoili suggests that the desired deletion be effected prior to the publication of the en banc Decision in the Supreme Court Reports Annotated, Philippine Reports or any other law journal.

Atty. Agcaoili maintains in gist, that:

1.� He was not a party to A.M. No. RTJ-05-1926 and as such, was not given the opportunity to refute referential allusions made therein by, or allegations of, complainant and the latter's witness; and

2.� As a consequence, he had been deprived of procedural and substantive due process.

Annexed to the Manifestation and Motion is the Resolution dated March 20, 2006 of the Board of Governors, Integrated Bar of the Philippines (IBP), dismissing, for lack of clear, convincing and satisfactory proof, the disbarment complaint (Administrative Case No. 6000) filed against Atty. Agcaoili by Mrs. Erlinda K. Ilusorio on the very same issue raised in A.M. No. RTJ-05-1926.

Atty. Agcaoili's apprehension about our en banc Decision affecting him in some way despite his non-participation in A.M. No. RTJ-05-1926, while understandable, is really without basis. Deleting each and every portion of the Decision of June 26, 2006 where he is alluded to or where his name happens to appear would negate the very core of the charge of misconduct on the part of the respondent Judge. As it were, Atty. Agcaoili's name cropped up because complainant's witness, Elizabeth Narciza, mentioned it at every turn; [1] cralaw the Comment of Judge Reyes made specific reference to the same name when he denied knowledge of Atty. Agcaoili's purported request for reversal of account; [2] cralaw and the very complaint against Judge Reyes attributed certain acts to Atty. Agcaoili. The Court could not have arrived at a cogent conclusion without making reference to Atty. Agcaoili. [3] cralaw It bears to stress that Judge Reyes' culpability, as found by the Court, rested on his receiving a favor from the Club and his dealings with its President who happened to be Atty. Agcaoili.

To be sure, the mention of Atty. Agcaoili's name in the consolidated en banc Decision was as necessary as it was unavoidable. It was not meant to cast aspersion on his character, let alone impute an illegal act on him. It was needed to complete the recital of facts and render the conclusions arrived at understandable and logical. To repeat, the en banc Decision is not reflective of the character of Atty. Agcaoili and the same should not be taken against him in any proceeding.

With regard to the Motion for Reconsideration of Judge Clarence Villanueva in A.M. No. RTJ-05-1927, the Court finds no substantial matter raised therein that would warrant a second look much less a reversal of the Court's en banc Decision finding him guilty of immorality and imposing upon him the penalty of dismissal from service.

WHEREFORE, the Manifestation and Motion dated July 7, 2006 filed by Atty. Federico R. Agcaoili in A.M. No. RTJ-05-1926 is merely NOTED, while the Motion for Reconsideration filed by Judge Clarence Villanueva is DENIED with finality.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court



Endnotes:

[1] cralaw En banc Decision, p. 13.

[2] cralaw Id at 14.

[3] cralaw Id at 15-16.


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