June 2007 - Philippine Supreme Court Resolutions
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[A.M. No. 06-3-159-RTC : June 19, 2007] RE: REQUEST OF ATTY. CARMINA A. ABBAS FOR JUDGE AMELIA A. FABROS, PRESIDING JUDGE, RTC, BRANCH 160, SAN JUAN, TO DECIDE THE MOTIONS FOR RECONSIDERATION IN CIVIL CASE NO. 2712 PENDING IN RTC, BRANCH 268, PASIG CITY:
[A.M. No. 06-3-159-RTC : June 19, 2007]
RE: REQUEST OF ATTY. CARMINA A. ABBAS FOR JUDGE AMELIA A. FABROS, PRESIDING JUDGE, RTC, BRANCH 160, SAN JUAN, TO DECIDE THE MOTIONS FOR RECONSIDERATION IN CIVIL CASE NO. 2712 PENDING IN RTC, BRANCH 268, PASIG CITY
SIRS/MESDAMES:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated 19 JUNE 2007
RESOLUTION. A.M. No. 06-3-159-RTC (Re: Request of Atty. Carmina A. Abbas for Judge Amelia A. Fabros, Presiding Judge, RTC, Branch 160, San Juan, to Decide the Motions for Reconsideration in Civil Case No. 2712 Pending in RTC, Branch 268, Pasig City).- This administrative matter arose from the insistence of Atty. Carmina Abbas to have all pending motions for reconsideration in Civil Case No. 2712 (Oakridge Properties, Inc. vs. Joseph Alejandro) decided by Judge Amelia Fabros, Regional Trial Court (RTC), Branch 160, San Juan instead of Judge Amelia C. Manalastas of the RTC, Branch 268, Pasig City.
Civil Case No. 2712 is an ejectment suit. From the decision of the Metropolitan Trial Court, an appeal was elevated to the RTC, Branch 161, Pasig City, presided by then Judge Alicia Marina-Co. When Judge Co died in January 2005, Judge Amelia A. Fabros of the RTC Branch 160 took over as pairing judge. A motion for reconsideration was then filed by both parties and pending resolution thereof, RTC Branch 160 presided by Judge Fabros was transferred to San Juan in compliance with the November 25, 2003 Resolution of the Court in A.M. No. 02-11-17-SC (Re: Equitable Distribution of the RTC Courts in Pasig City to Nearby Cities and Municipality). Meanwhile, Judge Lorna F. Catis-Chua Cheng was designated as Acting Judge of RTC Branch 160 who continued to hear the motions for reconsideration in Civil Case No. 2712. Atty. Abbas moved for her inhibition and argued that Judge Fabros should decide the motions as she had substantially heard the case. Following Judge Cheng's inhibition, Civil Case No. 2712 was re-raffled to the RTC, Branch 268, Pasig City, presided by Judge Amelia C. Manalastas.
Thus, the instant administrative matter.
In the Resolution of March 14, 2006, the Court en banc denied the request of Atty. Abbas for lack of merit and directed Judge Manalastas to resolve the pending motions in Civil Case No. 2712.
On July 11, 2006, the Court resolved to "consider all issues relative to A.M. No. 06-3-1 59-RTC as closed and terminated."
Atty. Abbas requested a modification of the March 14, 2006 Resolution. In a Resolution dated August 1, 2006, the Court denied the same and reiterated its March 14, 2006 Resolution that "all issues relative to A.M. No. 06-3-159-RTC are now considered closed and terminated."
On August 26, 2006, Atty. Abbas filed another pleading, "a Petition to Cite the Incumbent Court Administrator and Judge Manalastas in Contempt of Court." She also prayed that the Court reverse its March 14, 2006 Resolution.
On October 3, 2006, even before the Court could rule on the petition, Atty. Abbas filed another pleading, an "Urgent Manifestation to Admit an Amended Petition to Cite the Court Administrator and Judge Manalastas in Contempt of Court" with a prayer to reverse the ruling of the Court in the March 14, 2006 Resolution.
On November 21, 2006, the Court issued a Resolution denying the Petition to Cite the Court Administrator and Judge Manalastas in Contempt of Court for lack of merit. The Court further stated that:
Consequently, on March 6, 2007, the Court directed Atty. Abbas and the Court Administrator to Comment on the Manifestation of Judge Manalastas.
In compliance therewith, the Court Administrator filed a Memorandum dated May 3, 2007 stating that Judge Manalastas filed her Manifestation dated November 29, 2006 bereft of any knowledge that the Court issued a Resolution on November 21, 2006 declaring all issues on A.M. No. 06-3-159-RTC as closed and terminated. Superfluous as it may seem, Judge Manalastas was constrained to file said Manifestation as Atty. Abbas continued to file so many pleadings insisting on her inhibition despite the Court's directive on the matter.
Atty. Abbas, likewise, filed her Comment dated May 7, 2007 raising no new allegations.
Acting on the aforesaid pleadings, the Court resolves to:
RESOLUTION. A.M. No. 06-3-159-RTC (Re: Request of Atty. Carmina A. Abbas for Judge Amelia A. Fabros, Presiding Judge, RTC, Branch 160, San Juan, to Decide the Motions for Reconsideration in Civil Case No. 2712 Pending in RTC, Branch 268, Pasig City).- This administrative matter arose from the insistence of Atty. Carmina Abbas to have all pending motions for reconsideration in Civil Case No. 2712 (Oakridge Properties, Inc. vs. Joseph Alejandro) decided by Judge Amelia Fabros, Regional Trial Court (RTC), Branch 160, San Juan instead of Judge Amelia C. Manalastas of the RTC, Branch 268, Pasig City.
Civil Case No. 2712 is an ejectment suit. From the decision of the Metropolitan Trial Court, an appeal was elevated to the RTC, Branch 161, Pasig City, presided by then Judge Alicia Marina-Co. When Judge Co died in January 2005, Judge Amelia A. Fabros of the RTC Branch 160 took over as pairing judge. A motion for reconsideration was then filed by both parties and pending resolution thereof, RTC Branch 160 presided by Judge Fabros was transferred to San Juan in compliance with the November 25, 2003 Resolution of the Court in A.M. No. 02-11-17-SC (Re: Equitable Distribution of the RTC Courts in Pasig City to Nearby Cities and Municipality). Meanwhile, Judge Lorna F. Catis-Chua Cheng was designated as Acting Judge of RTC Branch 160 who continued to hear the motions for reconsideration in Civil Case No. 2712. Atty. Abbas moved for her inhibition and argued that Judge Fabros should decide the motions as she had substantially heard the case. Following Judge Cheng's inhibition, Civil Case No. 2712 was re-raffled to the RTC, Branch 268, Pasig City, presided by Judge Amelia C. Manalastas.
Thus, the instant administrative matter.
In the Resolution of March 14, 2006, the Court en banc denied the request of Atty. Abbas for lack of merit and directed Judge Manalastas to resolve the pending motions in Civil Case No. 2712.
On July 11, 2006, the Court resolved to "consider all issues relative to A.M. No. 06-3-1 59-RTC as closed and terminated."
Atty. Abbas requested a modification of the March 14, 2006 Resolution. In a Resolution dated August 1, 2006, the Court denied the same and reiterated its March 14, 2006 Resolution that "all issues relative to A.M. No. 06-3-159-RTC are now considered closed and terminated."
On August 26, 2006, Atty. Abbas filed another pleading, "a Petition to Cite the Incumbent Court Administrator and Judge Manalastas in Contempt of Court." She also prayed that the Court reverse its March 14, 2006 Resolution.
On October 3, 2006, even before the Court could rule on the petition, Atty. Abbas filed another pleading, an "Urgent Manifestation to Admit an Amended Petition to Cite the Court Administrator and Judge Manalastas in Contempt of Court" with a prayer to reverse the ruling of the Court in the March 14, 2006 Resolution.
On November 21, 2006, the Court issued a Resolution denying the Petition to Cite the Court Administrator and Judge Manalastas in Contempt of Court for lack of merit. The Court further stated that:
"Atty. Abbas is hereby WARNED to desist from filing further pleadings considering that the instant administrative case is already closed and terminated."Apparently, unaware of the Resolution dated November 21, 2006, Judge Manalastas filed a Manifestation dated November 29, 2006 in answer to Atty. Abbas' petition to cite her in contempt.
Consequently, on March 6, 2007, the Court directed Atty. Abbas and the Court Administrator to Comment on the Manifestation of Judge Manalastas.
In compliance therewith, the Court Administrator filed a Memorandum dated May 3, 2007 stating that Judge Manalastas filed her Manifestation dated November 29, 2006 bereft of any knowledge that the Court issued a Resolution on November 21, 2006 declaring all issues on A.M. No. 06-3-159-RTC as closed and terminated. Superfluous as it may seem, Judge Manalastas was constrained to file said Manifestation as Atty. Abbas continued to file so many pleadings insisting on her inhibition despite the Court's directive on the matter.
Atty. Abbas, likewise, filed her Comment dated May 7, 2007 raising no new allegations.
Acting on the aforesaid pleadings, the Court resolves to:
1) NOTE the Memorandum of the OCA, dated May 3, 2007;
2) NOTE WITHOUT ACTION the Comment of Atty. Carmina A. Abbas dated May 7, 2007;
3) REITERATE the rulings of the Court in its Resolutions dated July 11, 2006. August 1, 2006 and November 21, 2006, declaring all issues and matters relative to the instant administrative complaint as "closed and terminated"; and
4) Atty. Carmina A. Abbas is DIRECTED TO STRICTLY COMPLY therewith under pain of sanction from this Court.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Clerk of Court
