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Adm. Matter OCA IPI NO. 05-1808-MTJ. September 20, 2006]

ROMEO ABAD v. JUDGE GREGORIO L. ROSETE, MUNICIPAL CIRCUIT TRIAL COURT, MONCADA, TARLAC

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT. 20, 2006 .

Adm. Matter OCA IPI NO. 05-1808-MTJ (Romeo Abad v. Judge Gregorio L. Rosete, Municipal Circuit Trial Court, Moncada, Tarlac)

For consideration is the Report ^[1] cralaw dated 21 July 2006 submitted by the Office of the Court Administrator (OCA).

In a Complaint ^[2] cralaw dated 24 November 2005, Romeo Abad (complainant) charges Judge Gregorio L. Rosete with Gross Ignorance of the Law, Violation of the Speedy Trial Act, Delay in Rendering Decision and Gross Disregard of the Rules of Court relative to Criminal Case No. 2001-93 entitled "People of the Philippines v. PO2 Winnie A. Sotero" for attempted homicide.

Complainant is the same private complainant in the above-mentioned case which was being heard by the trial court presided by respondent. According to him, the case has long been pending before the said court due to unnecessary delays, i.e., postponement and resetting of the arraignment and pre-trial conference and even the presentation of evidence. He narrates that when the prosecution rested its case, respondent granted defense counsel's motion to recall one of the prosecution's witnesses. The granting of the motion showed respondent's gross ignorance of the law and gross disregard of the Rules of Court, he adds.

In his Comment, ^[3] cralaw respondent explains that on several occasions, the hearing of the criminal case was postponed at the instance of the prosecution either due to the absence of the complaining witness or the private prosecutor. He claims that complainant contributed to the delay in the proceedings. Respondent explains that he did not grant the motion to recall one of the prosecution's witnesses. Said witness has not actually been cross-examined by the defense because, as the private prosecutor himself admitted, the strategy of the prosecution was no longer to present the said witness.

The OCA recommended the dismissal of the complaint for lack of merit. According to the OCA, complainant could have resorted to other judicial remedies to challenge the action of respondent in the criminal case. His failure to avail of the suitable judicial recourse renders the administrative case premature for adjudication, the OCA stresses.

As borne out by the record, the hearing of the criminal case was postponed or reset several times. However, respondent was able to explain the reasons for the resulting delay. It appears that both the prosecution and the defense contributed to the delay, either by moving for, or acquiescing to, the postponements or resetting. Specifically on the part of the private prosecution, it secured the postponement of the hearing nine (9) times as a consequence of either the absence of the complainant himself or the private prosecutor.

Finding the recommendation to be in accord with the law and facts of the case on record, the same is APPROVED. The administrative complaint against respondent Judge Gregorio L. Rosete is DISMISSED for lack of merit.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

Endnotes:

^[1] cralaw Rollo, pp. 137-138.

^[2] cralaw Id. at 1-9.

^[3] cralaw Id. at 47-64.

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