Case Digest (A.C. No. 7399)
Facts:
Salvador M. De Vera v. Hon. Benjamin V. Pelayo, Presiding Judge, Branch 168, Regional Trial Court, Pasig City; and Evaluation and Investigation Bureau, Office of the Ombudsman, G.R. No. 137354, July 06, 2000, Supreme Court First Division, Pardo, J., writing for the Court.Petitioner Salvador M. De Vera, a non‑lawyer who chose to represent himself, instituted Special Civil Action No. 1151 in the Regional Trial Court (RTC), Pasig City, on August 28, 1996, seeking certiorari, prohibition and mandamus to enjoin a complaint for ejectment pending before the Municipal Trial Court (MTC), Branch 74. After the originally assigned judge inhibited, the case was re‑raffled to respondent Judge Benjamin V. Pelayo, Branch 168, RTC, Pasig. On July 9, 1998 the RTC denied petitioner’s application for a temporary restraining order; petitioner’s motion for reconsideration was denied on September 1, 1998.
On September 23, 1998 petitioner filed an affidavit‑complaint with the Office of the Ombudsman accusing Judge Pelayo of violating Articles 206 and 207 of the Revised Penal Code and Republic Act No. 3019 (Anti‑Graft and Corrupt Practices Act). On October 2, 1998 Associate Graft Investigation Officer Erlinda S. Rojas submitted an Evaluation Report recommending referral of the complaint to the Supreme Court, expressly invoking Maceda v. Vasquez, 221 SCRA 464; Assistant Ombudsman Abelardo L. Apotadera approved the recommendation and the Office of the Ombudsman referred the matter to the Court Administrator on October 13, 1998.
Petitioner filed a motion for reconsideration of the Evaluation Report on November 6, 1998; the Ombudsman denied that motion by memorandum dated January 4, 1999. Thereafter petitioner filed this petition for certiorari and mandamus under Rule 65 of the Rules of ...(Subscriber-Only)
Issues:
- Did the Office of the Ombudsman commit grave abuse of discretion in referring petitioner’s complaint against an RTC judge to the Supreme Court rather than prosecuting it ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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