Title
Alegre vs. Nidea
Case
A.M. No. 852-MJ
Decision Date
May 30, 1975
An administrative complaint against Judge Rhodie A. Nidea for partiality and favoritism was dismissed due to the complainant's failure to substantiate allegations and subsequent desistance, resolving the matter as a misunderstanding.
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Case Digest (A.M. No. 852-MJ)

Facts:

In this case, Felisberto Alegre filed an administrative complaint against Municipal Judge Rhodie A. Nidea of Sipocot, Camarines Sur, alleging partiality and favoritism. The complaint appeared to stem from the disgruntlement of a losing party dissatisfied with the Judge’s conduct. When summoned for an investigation by the then District Judge Ulpiano Sarmiento (under the supervision of the Department of Justice over inferior courts), both the complainant and his lawyer failed to appear. Instead, at the scheduled investigation, the complainant submitted a motion to dismiss the complaint accompanied by an affidavit in which he admitted that the complaint arose merely from a misunderstanding that had been subsequently resolved. Notably, the investigation had been postponed twice at the complainant’s request prior to his eventual failure to appear, emphasizing his lack of persistence in pursuing the allegations.

Issue:

The central issues in the case were:

  1. Whether the administrative complaint for partiality and favoritism should proceed when the complainant, who initiated the case, subsequently demonstrated a lack of interest by not appearing during the investigation.
  2. Whether the filing of a motion to dismiss, supported by an affidavit that admitted the complaint was based on a misunderstanding, sufficed to nullify the administrative charge against the judge.
  3. What role the active participation of the complainant plays in ensuring that administrative charges, particularly against judicial officers, are properly substantiated and processed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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