Wednesday, October 08, 2008 SC rejects case against 3 judges
THE Supreme Court’s First Division dismissed an administrative case for gross ignorance of the law and obstruction of justice against three judges, while warning the complainant against the indiscriminate filing of cases.
Cebu City Regional Trial Court (RTC) Judge Olegario Sarmiento of Branch 24, Municipal Trial Court in Cities (MTCC) Judge Monalila Tecson of Branch 1 and San Fernando Municipal Trial Court Judge Glenda Go had been charged with the case for “rendering unjust judgment/order.”
Complainant Joaquin Borromeo “is directed to show cause why he should not be cited for contempt for filing (a) malicious and unfounded complaint,” read the resolution penned by Clerk of Court Enriqueta Esguerra-Vidal. Vidal adopted the recommendation of Court Administator Zenaida Elepaño and Antonio Dujua.
The root of the complaint against the three judges was a case Borromeo filed against Michel Lhuillier for ejectment and collection of unpaid rent and damages.
It was filed at the MTCC Branch 2, then presided by Judge Sarmiento, who granted Lhuillier’s motion for leave of court to file a third-party complaint against a bank. Both complaints—the one against Lhuillier and the one against the bank—were both dismissed by Sarmiento in 1999.
Judge Go’s participation was for granting the motion for release of rentals that the defendant filed in court. Borromeo’s motion for reconsideration was subsequently denied by Tecson in 2005.
“The resolutions pertain to respondent judges’ exercise of judicial function and as such could not be the proper subject of an administrative inquiry in the absence of fraud, bad faith, evil intention or corrupt motive,” read Elepaño and Dujua’s evaluation. (JGA)
