Case Digest (A.M. No. RTJ-08-2140)
Facts:
In Office of the Court Administrator v. Executive Judge Owen B. Amor, A.M. No. RTJ-08-2140 (Formerly A.M. No. 00-2-86-RTC), October 07, 2014, the Supreme Court En Banc, Perlas-Bernabe, J., writing for the Court, resolved an administrative complaint against an executive judge of the Regional Trial Court of Daet, Camarines Norte.
The complainant was the Office of the Court Administrator (OCA); the respondent was Executive Judge Owen B. Amor of the RTC, Daet. The events that gave rise to the complaint were reported by Acting Presiding Judge Manuel E. Contreras of the Municipal Trial Court of Paracale, who submitted a memorandum to the OCA pursuant to the Court Administrator’s instruction.
Judge Contreras’ memorandum alleged several acts by respondent. First, that on October 1, 1999 respondent impounded the tricycle of one Gervin Ojeda at the Hall of Justice after an accident and then berated and pressured security personnel (with attendant attempts to obstruct investigation and concealment by guards). Second, that respondent berated Acting Presiding Judge Rosita Lalwani when she sought reconsideration of her detail and instructed her to “go slow” on the trial of a Batas Pambansa Blg. 22 (BP 22) case because the accused was his friend. Third, that respondent intervened on behalf of an arrested lawyer, Atty. Freddie Venida, tolerated the lawyer’s abusive practices in exchange for gold, and publicly disparaged Judge Contreras when the latter rejected respondent’s overtures. Fourth, that respondent habitually absented himself—particularly on Mondays and Fridays—causing delays. Fifth, that as Executive Judge he ordered Clerk of Court Atty. Perfecto Loria to submit petitions for extrajudicial foreclosure to him for scrutiny and to demand “grease money” from newspaper publishers, conduct Atty. Loria refused.
Procedurally, the Supreme Court treated Judge Contreras’ memorandum as an administrative complaint (Resolution dated February 28, 2000) and ordered respondent to comment; respondent ignored repeated directives, including a show-cause order dated July 2, 2001. The matter was later referred to the OCA for evaluation and recommendation (Resolution dated January 30, 2008). The OCA submitted a Memorandum dated July 25, 2008 (signed by Court Administrator Jose P. Perez and Deputy Court Administrator Antonio H. Dujua) finding respondent administratively liable for grave abuse of authority, grave misconduct, gross insubordination, and acts inimical to judicial service, and recommending re-docketing as a regular administrative case with forfeiture of retirement benefits and perpetual disqualification from public office.
Respondent filed a certificate of candidacy for the 2002 Barangay Elections, whi...(Subscriber-Only)
Issues:
- Did respondent’s automatic resignation upon filing a certificate of candidacy divest the Court of jurisdiction to determine his administrative liability?
- Did respondent’s persistent failure to file a comment when given the opportunity amount to waiver or implied admission of the allegations?
- On the merits, is respondent administratively liable for Grave Abuse of Authority, Grave Misconduct, Gross Insubordination, and Acts Inimical to Judicial Ser...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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