Title
Bernardo, Jr. vs. Montojo
Case
A.M. No. MTJ-10-1754
Decision Date
Oct 20, 2010
Judge Montojo found guilty of undue delay in resolving criminal and civil cases, fined P10,000; political bias charge dismissed for lack of evidence.
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Case Digest (A.M. No. MTJ-10-1754)

Facts:

Case Background
Narciso Bernardo, Jr. (complainant) filed an administrative complaint against Judge Peter M. Montojo of the Municipal Trial Court (MTC), Romblon, for undue delay in the disposition of Criminal Case Nos. 4173-4176 and Civil Case No. 490. Bernardo was an accused in the criminal cases for violations of the Philippine Fisheries Code of 1998 and a member of a cooperative involved in Civil Case No. 490.

Allegations of Delay
Complainant alleged that Judge Montojo conducted only two hearings in the criminal cases (August 16, 2007, and October 9, 2007) and took no further action afterward. The last action in the civil case was in November 2007. Bernardo claimed the delay was due to Judge Montojo’s political bias, as Bernardo supported Montojo’s political rival.

Incidents During Hearings
During the August 16, 2007 hearing, Judge Montojo attempted to proceed with Bernardo’s arraignment without a lawyer, suggesting that Atty. Karen Silverio Buffe (Clerk of Court) could represent him. However, Buffe later clarified she was prohibited from representing parties. Bernardo also questioned Montojo’s private conversation with Atty. Jay Formilleza, who represented other accused but dropped Bernardo as a client due to political affiliations.

Judge’s Defense
Judge Montojo attributed the delay to Bernardo’s insistence on being represented by a Public Attorney’s Office (PAO) lawyer. He denied manipulating the cases for political reasons and stated that his decisions were based on evidence, not affiliations. Montojo retired on October 23, 2009.

Issue:

  1. Whether Judge Montojo was guilty of undue delay in resolving Criminal Case Nos. 4173-4176 and Civil Case No. 490.
  2. Whether Judge Montojo’s alleged political bias influenced his handling of the cases.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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