Case Digest (A.M. No. RTJ-00-1589)
Facts:
- Complaint filed by Jeanet N. Manio against Judge Jose Ener S. Fernando, Presiding Judge of the Regional Trial Court of Dinalupihan, Bataan, Branch 5.
- Manio appointed as guardian of her minor son through a petition filed with the court of the respondent judge.
- Manio required to file a bond of P100,000.00 and submit an inventory of the minor's properties.
- Manio informed the court that the proceeds from the insurance of the minor's father, from the U.S.A., were deposited with the Land Bank of the Philippines, Dinalupihan Branch.
- Respondent judge directed that no withdrawal could be made on the bank account and no property could be disposed of without complying with the court order.
- Respondent judge ordered the withdrawal of cash on the minor's account on two occasions upon Manio's request.
- Manio claimed that she was allowed to withdraw from the account to pay the surety bond and the amount he loaned her for the payment of her lawyer.
- Manio filed a complaint against the respondent judge for freezing her accounts, which led to a perjury case and a miscarriage.
- Manio later requested the dismissal of her complaint.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the complaint against the respondent judge in accordance with the recommendation of the investigator, Justice Pedro A. Ramirez (Ret.).
- Complainant, Manio, requested the dismissal of her complaint and did not appear during the scheduled hearings.
- No evidence presente...(Unlock)
Ratio:
- Complaint should be dismissed due to lack...continue reading
Case Digest (A.M. No. RTJ-00-1589)
Facts:
The case of Manio v. Fernando involves a complaint against Judge Jose Ener S. Fernando, the Presiding Judge of the Regional Trial Court of Dinalupihan, Bataan, Branch 5. The complainant, Jeanet N. Manio, was appointed as the guardian of her minor son through a petition she filed with the court of the respondent judge. As part of her duties, she was required to file a bond in the amount of P100,000.00 and submit an inventory of the minor's properties. Instead of complying with these requirements, the complainant informed the court that the proceeds from the insurance of the minor's father, which came from the U.S.A., were deposited with the Land Bank of the Philippines, Dinalupihan Branch. In order to protect the interest of the minor, the respondent judge directed that no withdrawal could be made on the bank account and no property could be disposed of without complying with the court order. However, on two occasions, the respondent judge ordered the withdrawal of cash on the minor's account upon the complainant's request. The complainant claimed t...