Case Digest (A.M. No. MTJ-91-517)
Facts:
Nimfa Albos v. Judge Eugenio Alaba, A.M. No. MTJ-91-517, March 11, 1994, the Supreme Court En Banc, Vitug, J., writing for the Court. Complainant Nimfa Albos filed an administrative complaint on February 4, 1991 with the Office of the Court Administrator (OCA), charging respondent Judge Eugenio Alaba of the Municipal Trial Court (MTC) of Tanauan, Leyte, with misconduct, oppression and gross inefficiency.On August 27, 1990, Albos instituted a criminal complaint for grave oral defamation against Rebecca Songalia before the MTC of Tanauan. In October 1990 she and her mother visited the court to check the status and were told by the Clerk of Court that the complaint had not been signed by the presiding judge. When they then saw Judge Alaba, he allegedly threw the complaint on his table and said, "(h)ere they are; I am returning them to you anyway, they are useless. You will lose in your case."
Because no action was taken, Albos engaged counsel who pursued the matter with the Office of the Provincial Prosecutor of Leyte; Assistant Prosecutor Yolanda Paganda filed an information in the MTC, docketed as Criminal Case No. 4486. On January 14, 1991, Albos's counsel filed a motion for Judge Alaba to inhibit himself. The judge allegedly refused to act on the motion, allegedly challenged counsel to a fight, and thereafter dismissed the case following the complainant's failure to appear at scheduled trial dates.
In his comment to the administrative complaint, Judge Alaba denied the allegations and offered justifications, claiming among other things that the original complaint had been withdrawn and that he had been conducting lectures on the Barangay Justice Law.
By resolution dated February 13, 1992, the Court referred the matter to Executive Judge Fortunato B. Operario of the Regional Trial Court, Tacloban, for investigation, report and recommendation; upon Judge Operario's retirement, Acting Executive Judge Getulio M. Francisco completed the investigation and on April 16, 1993 submitted findings and recommendations. Judge Francisco found that the complaint had not been docketed because Judge Alaba was conducting barangay lectures; that the private prosecutor's motion to inhibit lacked the conformity of the public prosecutor; that the complainant and her private counsel failed to appear at the scheduled trial dates and that the judge ultimately granted the defense's motion to dismiss invoking the accused's constitutional right to a speedy trial. He recommended admonition rather than severe discipline.
The OCA, through Deputy Court Administrator Bernardo P. Abesamis (with concurr...(Subscriber-Only)
Issues:
- Did Judge Eugenio Alaba commit grave misconduct, conduct unbecoming of a judge, oppression or gross inefficiency as charged?
- If misconduct was established short of grave misconduct, what disciplinary measure is appropriate for his conduct in failing to inhibit himself and in the manner he ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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