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A. M. No. OCA IPI No. 05-2343-RTJ. June 28, 2006]

FIDEL A. ARCILLA, JR. vs. JUDGE ARMANDO A. YANGA, REGIONAL TRIAL COURT, BRANCH 66, BALER, AURORA

First Division

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUNE 28, 2006

A. M. No. OCA IPI No. 05-2343-RTJ (Fidel A. Arcilla, Jr. vs. Judge Armando A. Yanga, Regional Trial Court, Branch 66, Baler, Aurora)

This administrative case is an offshoot of A.M. No. P-05-2085 [1] cralaw and I.S. No. 2004-387, [2] cralaw both entitled Gerardo Q. Ferreras v. Rudy P. Eclipse, where an Affidavit executed by Judge Armando A. Yanga [3] cralaw was attached in the Comment/Answer filed by therein respondent Eclipse.

On September 5, 2005, Fidel A. Arcilla, Jr., filed a Complaint [4] cralaw charging respondent judge with "Gross Misconduct Constituting Violations of the Code of Judicial Conduct, and Vulgar and Unbecoming Conduct." [5] cralaw Complainant challenged the veracity of the Affidavit executed by respondent judge and alleged that the statements alluding to him are part of the latter's scheme to destroy his reputation.

In his Comment, [6] cralaw respondent judge averred that he only narrated factual events in his Affidavit that would help exonerate Eclipse who is a member of his court staff. He claimed that his statements were not intended to malign Arcilla whose name was mentioned in order to get a full grasp of the situation. Thus, respondent judge prayed for the dismissal of the instant Complaint for lack of merit.

On November 24, 2005, the Office of the Court Administrator (OCA) submitted a Report [7] cralaw with the following evaluation:

The complaint of Mr. Arcilla against Judge Yanga stemmed from the latter's Affidavit dated 15 June 2005 submitted in A.M. No. P-05-2085 (formerly A.M. No. 05-2203-P] "Gerardo Q. Ferreras vs. Rudy Eclipse, Utility Worker I, RTC, Br. 66, Baler, Aurora)." Considering that the said administrative matter is still pending investigation by the Executive Judge of the RTC [,] Baler, Aurora, in order to ferret out the truthfulness and veracity of their respective allegations, the complaint maybe [sic] dismissed for lack of basis and for being still pre-mature. Judge Yanga swore to and took full responsibility for the statements made in his affidavit. It was made to support the defense proferred [sic] by a staff member who was complained against by an employee of the Prosecutor's office. No malice was even alleged to have accompanied the execution of the affidavit. Arcilla was not even charged with an offense.

Thus, it recommended that:

[T]he complaint of Mr. Fidel Arcilla, Jr., Sheriff IV, Office of the Clerk of Court, Regional Trial Court, Baler, Aurora against Judge Armando A. Yanga, RTC, Br. 66, same Court, with Gross Misconduct, Vulgar [,] and Conduct Unbecoming of a Judge Constituting Violation of the Code of Conduct be DISMISSED for lack of basis and for being pre-mature.

Finding the evaluation and recommendation of OCA to be in accord with law and the facts of the case, the Court approves and adopts the same. Indeed, the affidavit executed by respondent judge referred only to matters and events of his own personal knowledge and which he believes to be true. His intention is to help shed light on the pending case filed against Eclipse. Complainant Arcilla's name is only mentioned relative to his alleged participation in the controversy in order to ferret out the truth. The proper course for complainant to take is not through the filing of the instant administrative case against respondent judge for alleged unbecoming conduct but to file a counter-affidavit in the pending case filed against Eclipse and dispute therein the allegations of respondent judge. At this stage, therefore, the filing of the instant case against respondent judge is premature and without factual and legal basis. Charges based on mere suspicion and speculation cannot be given credence. [8] cralaw

ACCORDINGLY, the administrative complaint against Judge Armando A. Yanga is hereby DISMISSED for lack of basis and for being premature.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division


Endnotes:

[1] cralaw In A.M. No. P-05-2085 (Formerly Adm. Matter OCA IPI No. 05-2203-P), Gerardo Q. Ferreras charged Rudy P. Eclipse with Dishonesty for allegedly tampering of evidence by removing some parts of a motorcycle impounded at the Hall of Justice of Baler, Aurora.

[2] cralaw In I.S. No. 2004-387, the Assistant Provincial Prosecutor of Baler, Aurora dismissed the case against respondent Rudy P. Eclipse on August 15, 2005 due to insufficiency of evidence.

[3] cralaw Regional Trial Court, Branch 66, Baler, Aurora; Rollo , pp. 11-14.

[4] cralaw Rollo , pp. 1-3.

[5] cralaw Id. at 2.

[6] cralaw Id. at 9-10.

[7] cralaw Id. at 16-19.

[8] cralaw Planas v. Reyes, A.M. No. RTJ-05-1905, February 23, 2005, 452 SCRA 146, 161; citing Ever Emporium, Inc. v. Judge Maceda , A.M. Nos. RTJ-04-1881 and RTJ-04-1882, October 14, 2004, 440 SCRA 298, 314.


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