483 Phil. 560
CALLEJO, SR., J.:
The complainant alleged that the instant complaint is in addition to another which she filed on January 22, 2004[1] against Judge Alpajora.I am executing this complaint in (sic) attest to the truth of the foregoing facts and to pray that appropriate action be made against Judge Alfajora (sic) in the interest of substantial justice and public service, failing to exercise his judicial function in accordance with the Canon of Judicial Ethics. That he be dismissed from his judicial service.
- That last January 28, 2004, I received the Comment of Judge Norma Sia to my complaint and in her answer she mentioned that the complaints filed against Sheriffs Ramon Faller and Roberto Ebuna were dismissed by the court.
Attached is a copy of the comment of Judge Sia as ANNEX “B.”- That I am not aware that my complaints against Roberto Ebuna was (sic) dismissed by order of the Court, because last May 5, 2003 and November 16, 2003, I requested the Office of the Court Administrator to please investigate the complaints filed the year (sic) 1998, 1999, 2000 and 2001 against Sheriff Roberto Ebuna for Trespassing, Malicious Mischief, Abuse of Authority, Grave Misconduct, Incompetence, Conduct Unbecoming as (sic) a Public Official, Violation of Human Rights, Harassment, Perjury and Damages.
Attached is the copy of the letter of request dated May 5, 2003 and November 16, 2003 as Annex “C.”- That the complainant in this (sic) cases was not notified by the investigating court that there is an ongoing investigation of the complaints filed against Sheriff Roberto Ebuna.
- Due to non-appearance of the herein complainant, I was deprived of my right to be heard, present my evidences, in support of my complaint, to hear the testimonies of Sheriff Roberto Ebuna in defense to my complaints and give my comments to their false, fabricated answers.
- That the investigating court, for unknown reason resolved the case hurriedly, thus, dismissing the case without due notice to the complainant, in effect, a denial of due process.
- That the action done by [the] investigating court clearly constituted Knowingly Rendering an Unjust Order, Gross Ignorance of the Law, Grave Misconduct and Violating my Right to Due Process.
That due to the unawareness of the investigation of the complaints filed against Sheriff Roberto Ebuna, the plaintiff suffered great damaged (sic) which affected me morally, emotionally, mentally, spiritually, physical and personally.
We agree with Judge Alpajora that Ms. Guadalupe de Luna Diomampo has the propensity of filing administrative complaints against judges and court personnel.The Court Administrator, thus, recommended that the instant complaint be dismissed for lack of merit, and that the complainant be “reminded to refrain from filing administrative complaints involving the same matter.” The OCA enjoined the Court not to entertain further pleadings from the complainant regarding the same matter.
Records from the Legal Office, Office of the Court Administrator reveal that Ms. Diomampo has filed ten (10) administrative complaints against judges and court personnel of RTC, Lucena City. In fact, most of these cases are but a repetition of cases already pending or resolved by the Court. Records further reveal that indeed, Judge Alpajora had no participation in the investigation of cases against Sheriff Roberto Ebuna. There were two administrative cases filed against Sheriff Ebuna, A.M. OCA IPI No. 99-593-P and A.M. OCA IPI No. 99-630-P. These cases involved one and the same matter. Thus, the Court in a Resolution dated 5 June 2002, cancelled from the Docket Book of the Court Administrator A.M. OCA IPI No. 99-593-P. In the same resolution, the Court dismissed A.M. OCA IPI No. 99-593-P.
It can be implied from the complaints that Ms. Diomampo is a disgruntled party whose property was made the subject of a foreclosure proceeding. The administrative cases filed against the sheriffs who had a hand in the foreclosure proceeding were dismissed after the Court’s finding that there was nothing anomalous in the conduct of the proceeding.
As regards the instant complaint against Judge Alpajora, Ms. Diomampo may have been misled to believe that respondent judge was responsible for the dismissal of the complaints against the sheriffs since he is a judge of the Regional Trial Court of Lucena City.[2]
Section 1. Proceedings for the discipline of Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon verified complaint, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.
WHEREFORE, the complaint against Judge Virgilio C. Alpajora is DISMISSED for lack of merit. The complainant, Guadalupe de Luna Diomampo, is hereby required to SHOW CAUSE within ten (10) days from receipt hereof why she should not be held in contempt of court.
- If upon an informal preliminary inquiry by the Office of the Court Administrator, an administrative complaint against any Justice of the Court of Appeals or Sandiganbayan or any Judge of the lower courts filed in connection with a case in court is shown to be clearly unfounded and baseless and intended to harass the respondent, such a finding should be included in the report and recommendation of the Office of the Court Administrator. If the recommendation is approved or affirmed by the Court, the complainant may be required to show cause why he should not be held in contempt of court. If the complainant is a lawyer, he may further be required to show cause why he or she should not be administratively sanctioned as a member of the Bar and as an officer of the court.