Case Digest (A.M. No. RTJ-03-1793)
Facts:
Atty. Gloria Lastimosa-Dalawampu v. Judge Raphael B. Yrastorza, Sr., A.M. No. RTJ-03-1793, February 05, 2004, Supreme Court First Division, Ynares-Santiago, J., writing for the Court. Complainant Atty. Gloria Lastimosa-Dalawampu filed an administrative complaint for serious misconduct with the Office of the Court Administrator against respondent Judge Raphael B. Yrastorza, Sr., then presiding judge of Branch 14, Regional Trial Court, Cebu City. The complaint, received by the OCA on October 4, 2002, alleged discourteous and oppressive conduct occurring in two separate criminal cases presided over by respondent judge.On January 14, 2002, in Criminal Case No. CBU-58947 (People v. Gina and Bob Villaver), after counsel for the accused was arraigned, complainant moved to reset the pre-trial because the trial prosecutor was absent; respondent allegedly cut her off mid-statement, told her “If you cannot handle this case, Atty. Dalawampu, you better give this case to another lawyer,” and later said, “Do not give me so many excuses, Atty. Dalawampu! I don’t care who you are!” As complainant was leaving the courtroom she allegedly heard respondent say, “I don’t care who you are. You can file one thousand administrative cases against me. I don’t care.”
Complainant also recounted an earlier incident on October 11–12, 2000, in Criminal Case No. CBU-49515, where respondent scolded her for failing to file a pre-trial brief (which she later filed) and ordered her client, Consuelo Aznar, to produce original documents within five minutes or the case would be dismissed; the client could not comply given the travel time. Complainant characterized these actions as oppressive and insulting.
In his Comment respondent admitted making the quoted remark but asserted it was addressed to the public and provoked by complainant’s alleged failure to submit a pre-trial brief; he maintained he did not intend insult and only sought to expedite proceedings. By Resolution dated August 6, 2003, the Court referred the matter to Associate Justice Marina Buzon of the Court of Appeals for investigation, report and recommendation. Complainant moved to withdraw the complaint on October 8, 2003, stating the parties had reconciled in a Bench and Bar dialogue; she then failed to appear during the investigation. Respondent moved to dismiss for lack of interest and failure to prosecute....(Pro-only)
Issues:
- Does the complainant’s withdrawal and failure to prosecute warrant dismissal of the administrative complaint against a judge?
- Did respondent Judge Raphael B. Yrastorza commit misconduct warranting disciplinary action for his conduct toward counse...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)