Case Digest (A.M. No. MTJ-00-1294)
Facts:
Ellert v. Judge Victorio Galapon, Jr., A.M. No. MTJ-00-1294 (Formerly OCA IPI No. 00-859-MTJ), July 31, 2000, Supreme Court Second Division, Buena, J., writing for the Court. The complaint arose from two underlying matters: DARAB Case No. VIII-169-L-91, Lualhati V. Ellert v. Marina Roca and Odeth Roca, and Criminal Case No. 97-07-CR-161, People v. Horst Franz Ellert (light threats). Complainant Horst Franz Ellert filed a letter-complaint (Jan. 8, 2000) and an affidavit-complaint (Jan. 10, 2000) before the Office of the Court Administrator (OCA) accusing respondent Judge Victorio L. Galapon, Jr., Municipal Trial Court at Dulag, Leyte, of grave misconduct, abuse of judicial authority, ignorance of the law, unlawful notarization, perjury, and false testimony.Ellert alleged that Judge Galapon notarized the jurat of the Answer filed by Marina and Odeth Roca in the DARAB proceeding, which, he claimed, was beyond the scope of a municipal judge’s authority to notarize. Separately, in the criminal case in which Judge Galapon was the private complainant, Ellert accused the judge of giving false testimony (and thus committing perjury) on several points: Ellert’s residence, an alleged letter to the Development Bank of the Philippines (DBP) that purportedly resulted in a refund, the judge’s prior knowledge of certain property litigation, and his familiarity with Barangay Tabu. Ellert produced a DBP certification denying receipt of any letter from Galapon.
Respondent Judge Galapon filed a Comment (Feb. 7, 2000) denying malice and explaining or qualifying his statements: he admitted notarizing the DARAB Answer but maintained he believed it lawful; he attributed certain discrepancies to transcription error or changed circumstances (e.g., Ellert’s residence); and he identified the DBP-related matter he had in mind as a different civil case pending in his court. The OCA Deputy Court Administrator recommended a fine of Five Thousand Pesos (P5,000.00) and warning for unauthorized notarization. The Supreme Court, acting on the administrative matter forwarded to it, examined Circular No. I-90 (which restricts ex officio notar...(Subscriber-Only)
Issues:
- Did Judge Victorio L. Galapon, Jr. commit unauthorized notarial work by notarizing the DARAB Answer, thereby engaging in the unlawful practice of law and subjecting himself to administrative discipline?
- Should the allegations of false testimony and perjury against Judge Galapon be resolved administratively by the OCA/Supreme Court, or are they matters for criminal prosecu...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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