Readings

A.M. No. RTJ-11-2271 September 24, 2012 (Formerly OCA I.P.I. No. 09-3239-RTJ) LUCIA O. MAGTIBAY, Complainant, vs. JUDGE CADER P. INDAR, AI Haj., Regional Trial Court, Branch 14, Cotabato City, Respondent. FULL TEXT Facts: On March 17, 2009, respondent judge issued an Order 2 noting the Motion for Amendment of Caption. However, anent the motion for the issuance of TRO, respondent judge required the intervenors to submit a Comment within ten days from receipt of the Order and further ordered that upon submission of said Comment, the case be set for hearing for reception of additional evidence and/or arguments from both parties. Complainant claimed that Intervenors only took one week from March 17, 2009 to submit their Comment but failed to furnish them a copy thereof. In the disputed Order 3 dated March 26, 2009, respondent judge denied the Application for Writ of Preliminary Injunction and/or Temporary Restraining Order for utter lack of merit and ber...

March 14, 2017 A.M. No. MTJ-12-1813 OFFICE OF THE COURT ADMINISTRATOR, Complainant vs JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent FULL TEXT Facts: In her motion, the respondent repeatedly denies committing all the administrative offenses for which she was held guilty, and insists on the absence of proof to support the findings against her. She pleads that the Court reconsiders based on the following: 1. Noncompliance with A.O. No. 19-2011 The complaint against her was premature because of the pendency of her protest against night court duty. A.O. No. 19-2011 did not carry a penal provision, and was only directory because of the use of the permissive word may. In addition to A.O. No. 19-2011 being noncompliant with the requirements of a valid administrative order, the requirement of night court duty violated Section 5, Rule XVII of the Omnibus Rules Implementing Book V of the Administrative Code, 2 which limited the working...

A.M. No. MTJ-07-1670 July 23, 2008 (Formerly OCA IPI No. 06-1822-MTJ) ATTY. RODERICK M. SANTOS and ALEXANDER ANDRES, Complainants, vs. JUDGE LAURO BERNARDO, Municipal Trial Court, Bocaue, Respondent. Facts: This is an administrative case against respondent MTC Judge Lauro Bernardo for his alleged impropriety, manifest bias and partiality, grave abuse of discretion, and gross ignorance of the law/procedure relative to Criminal Case No. 06-004 entitled "People of the Philippines v. Atty. Roderick M. Santos and Boyet Andres." On February 9, 2006, Atty. Roderick M. Santos and Alexander Andres filed a verified Affidavit-Complaint charging respondent of: Impropriety – Respondent is using government resources in the discharge of his functions for his personal pleasure and convenience. Specifically, he allows his girlfriend, a certain "Boots," to stay and use as her lounge the judge’s chamber in violation of his duty under Rule 2.01 of the Code of J...

PEOPLE OF THE PHILIPPINES VS. HON. DELA TORRE-YADAO, ET AL. G.R. No. 162144-54 ; 13 November 2012 FULL TEXT Facts: This case, which involves the alleged summary execution of suspected members of the Kuratong Bale/eng Gang, is once again before this Court this time questioning, among other things, the trial qmrt's determination of the absence of probable cause and its dismissal of the criminal actions. 1 On review, however, the Office of the Ombudsman reversed the finding and filed charges of murder against the police officers involved before the Sandiganbayan in Criminal Cases 23047 to 57, except that in the cases of respondents Zubia, Acop, and Lacson, their liabilities were downgraded to mere accessory. On arraignment, Lacson pleaded not guilty. Upon respondents’ motion, the Sandiganbayan ordered the transfer of their cases to the Regional Trial Court (RTC) of Quezon City on the ground that none of the principal accused had the rank of Chief ...

January 31, 2018 A.C. No. 10783 ATTY. BENIGNO T. BARTOLOME,, Complainant vs. ATTY. CHRISTOPHER A. BASILIO, Respondent FULL TEXT facts: In the October 14, 2015 Decision 4 (the Decision), the Court suspended Basilio from the practice of law for one (1) year, revoked his incumbent commission as a notary public, and prohibited him from being commissioned as a notary public for two (2) years, effective immediately, after finding him guilty of violating the 2004 Rules of Notarial Practice and Rule 1.01, Canon 1 of the Code of Professional Responsibility. He is further warned that a repetition of the same offense or similar acts in the future shall be dealt with more severely. 5 The Decision was circulated to all courts for the information and implementation of the order of suspension. 6 Basilio, thru his counsel, Atty. Edward L. Robea (Robea), claimed to have received a copy of the Decision on December 2, 2015, 7 hence, his suspension from the practice of law, as ...

April 18, 2017 A.C. No. 9209 NENITA DE GUZMAN FERGUSON, Complainant vs. ATTY. SALVADOR P. RAMOS, Respondents FULL TEXT Facts: Before the Court is the Complaint-Affidavit, 1 filed by Nenita De Guzman Ferguson (complainant), seeking the disbarment of Atty. Salvador P. Ramos (Atty. Ramos) for falsification, violation of notarial law and engaging in private practice while employed in the government service. Complainant alleged that on November 25, 2007, she purchased a house and lot located in San Rafael, Bulacan, for the sum of ₱800,000.00; that without her knowledge, the seller obtained a Certificate of Land Ownership Award (CLOA) mainly to.transfer the title of the said property to her name; that the seller was unaware that the said CLOA was void ab initio as the subject land was not an agricultural land and there existed a 10-year prohibition to transfer the subject land; that in 2009; complainant instituted a petition for the cancellation of the CLOA before the DAR Off...

APRIL 2, 2018 A.C. No. 9676 In Re: Decision dated September 26, 2012 in OMB-M-A-10-023-A, etc. against Atty. Robelito* B. Diuyan  FULL TEXT facts: In a Resolution 2 dated July 24, 2013, this Court treated the September 26, 2012 Decision in OMB-M-A-10-023-A and the Deed of Partition as an administrative complaint against respondent Atty. Robelito B. Diuyan and required the latter to file a comment thereon. 3 In a letter 4 dated October 30, 2013, and by way of comment, respondent admitted notarizing the Deed of Partition in his capacity as District Public Attorney of the Public Attorney's Office in Mati City and all of Davao Oriental. He claimed that: [The] signature as Notary Public in that [July 23, 2003] Deed of Partition subject matter of the complaint was indeed mine. I was still connected with the Public Attorney's Office as District Public Attorney at that time. I retired on April 20, 2008. My function [included] the execution and/or notarization o...

A.C. No. 6792 January 25, 2006 ROBERTO SORIANO, Complainant, vs. Atty. MANUEL DIZON, Respondent.. FULL TEXT Facts: In his Complaint-Affidavit, Soriano alleged that respondent had violated Canon 1, Rule 1.01 of the Code of Professional Responsibility; and that the conviction of the latter for frustrated homicide, 7 which involved moral turpitude, should result in his disbarment. In her Report and Recommendation, Commissioner Herbosa recommended that respondent be disbarred from the practice of law for having been convicted of a crime involving moral turpitude. The commissioner found that respondent had not only been convicted of such crime, but that the latter also exhibited an obvious lack of good moral character, based on the following facts: "1. He was under the influence of liquor while driving his car; "2. He reacted violently and attempted to assault Complainant only because the latter, driving a taxi, had overtaken him; "3. Complainant having be...

October 18, 2017 A.M. No. rtj-16-2467 ATTY. EDDIE U. TAMONDONG, Petitioner vs. JUDGE EMMANUEL P. PASAL, Presiding Judge, Branch 38, Regional Trial Court, Cagayan De Oro City, Respondent FULL TEXT Facts: On June 21, 2012, the heirs of Enrique Abada (Abada's heirs), represented by his wife and children, filed a case for Quieting of Title, Recovery of Possession, Annulment of Transfer Certificate of Title (TCT) No. T-33060, and Annulment of Extrajudicial Settlement of Estate with Sale,before the Municipal Trial Court in Cities (MTCC) of Opol, Misamis Oriental, against Atty. Tamondong's client, Henmar Development Property Inc. (Henmar) Henmar filed a Petition for Certiorari, Prohibition, and Preliminary Injunction with Prayer for Issuance of a Temporary Restraining Order (TR0) 2 before the RTC, docketed as Special Civil Action No. 2013- 184. The case was raffled to Branch 38, presided by Judge Pasal. On December 23, 2013, Judge Pasal issued a Resolution 3 dismissing the...

A.M. No. CA-10-50-J  October 5, 2010 [formerly A.M. OCA IPI No. 09-152-CA-J] 3-D INDUSTRIES, INC. and SMARTNET PHILIPPINES, INC. Complainants, vs. JUSTICES VICENTE Q. ROXAS and JUAN Q. ENRIQUEZ, JR., Respondents. FULL TEXT Facts: In the present administrative complaint, complainants allege that in issuing the assailed Resolutions dated January 24, 2005 and April 26, 2005, respondents caused undue injury to them by, among other things, giving the petitioners (NICI and the Guy Family) in the new petition for Certiorari unwarranted benefits, advantage or preference through manifest partiality, evident bad faith, or gross inexcusable negligence in the discharge of their judicial functions in violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. 9 Complainants likewise allege that respondents, in issuing the questioned Resolutions, had "maneuvered" the assignment to the Eighth Division of the "supplemental" petitions of NICI and ...