Case Digest (A.M. No. RTJ-14-2390)
Facts:
Josephine Jazmines Tan v. Judge Sibanah E. Usman, A.M. No. RTJ-14-2390 (Formerly OCA I.P.I. No. 12-3923-RTJ), August 13, 2014, Supreme Court Third Division, Peralta, J., writing for the Court.Petitioner Josephine Jazmines Tan filed an administrative complaint with the Office of the Court Administrator (OCA) against respondent Judge Sibanah E. Usman, Presiding Judge of the Regional Trial Court, Branch 28, Catbalogan City, Samar, alleging bribery and corruption in connection with Civil Case No. 7681 and Criminal Case No. 6536 which were then pending before respondent. Petitioner produced an acknowledgment receipt claiming payment of P250,000.00 "from Mr. Jaime Cui, Jr. as full payment in CC No. 6536 & 7681 to be given to Judge S.E. Usman" and said receipt bore the signature of Nilda C. Cinco, OIC-Branch Clerk of Court.
In addition to the bribery allegation, petitioner accused respondent of knowingly issuing an unjust interlocutory order in which petitioner was cited in contempt, and she invoked a prior administrative proceeding, A.M. No. RTJ-11-2266, where the Court earlier found respondent guilty of gross ignorance of the law. Petitioner sought dismissal of respondent from the bench for bribery and corruption.
The OCA directed respondent to comment (Aug. 14, 2012). In his Comment (Oct. 9, 2012) respondent denied the bribery charge, contended the receipt was fabricated, and invoked res judicata because petitioner had raised related issues in A.M. No. RTJ-11-2266. Respondent also pointed to timeline inconsistencies (the subject civil case was still in Branch 29 until transfer to Branch 28 on June 25, 2009; the alleged principal, Allan Tan, had been killed Oct. 28, 2008) and submitted affidavits from Nilda C. Cinco and Jaime Cui, Jr. (both dated Oct. 8, 2012) denying receipt or disbursement of any money; Cui had also denied the payment in open court on Aug. 28, 2009. Petitioner did not appear at the hearing to substantiate her allegations.
Because of conflicting versions, the OCA recommended referral to the Presiding Justice of the Court of Appeals in Cebu City for assignment; the complaint was raffled to CA Justice Marilyn B. Lagura‑Yap, who conducted the investigatio...(Subscriber-Only)
Issues:
- Is respondent’s procedural contention of res judicata (based on A.M. No. RTJ-11-2266) a bar to the instant administrative complaint?
- Did petitioner present sufficient evidence to prove bribery and corruption by respondent so as to warrant administ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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