[A.M. No. OCA-IPI-99-726-RTJ. September
22, 1999]
ESPINOSA, et al. vs. JUDGE INFANTE
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court
dated SEPT 22 1999.
A.M. No. OCA-IPI-99-726-RTJ (Primitiva L. Espinosa, et al. vs. Judge Jaime I. Infante.)
This is a complaint filed by Vice-Mayor Primitiva Espinosa and the members of the Sangguniang Bayan of Malungon, Sarangani against Judge Jaime I. Infante of the Regional Trial Court, Branch 38 of Alabel, Sarangani. The complaint, dated January 15, 1997, charges respondent judge with violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) for issuing, allegedly with manifest partiality, evident bad faith, and gross inexcusable negligence, a temporary restraining order and a writ of preliminary injunction to restrain the preventive suspension of Mayor Felipe K. Constantino of Malungon, Sarangani.
It appears that complainants
filed a graft charge against Mayor Felipe Constantino in the Office of the
Deputy Ombudsman for Mindanao. It was alleged that he had entered into a
contract for the lease of heavy equipment for P2,200,000.00 per annum
without a authorization from the Sangguniang Bayan. The graft case, docketed as
OMB-MIN-ADM-96-060, was entitled "Primitiva Espinosa, et al. v. Felipe
Constantino." On May 31, 1996, the Deputy Ombudsman for Mindanao issued a
preventive suspension order against Mayor Constantino Effective June 14, 1996.
To prevent implementation of the order, Mayor Constantino filed in the RTC, of
which respondent is the judge, a petition for certiorari, prohibition,
and mandamus, and secured, first, a temporary retraining order, and
later, a writ of preliminary injunction to restrain the implementation of the
order of preventive suspension. The trial court found that Mayor Constantino
had been denied due process in the proceedings in the Office of the Deputy
Ombudsman.
Subsequently, an anonymous complaint entitled "Unnamed Complainant v. Executive Judge Jaime I. Infante" was filed against respondent Judge Jaime I. Infante in the Court, which was docketed as OCA IPI No. 96-204-RTJ. In its memorandum recommending the dismissal of the anonymous complaint, the Office of the Court Administrator made the following findings:
Vice-Mayor Primitiva Espinosa, in her undated latter
to the Deputy Ombudsman for Mindanao but received in said Office on April 23,
1996, stated therein, that:
Resolution No. 21 of the Sangguniang Bayan of
Malungon, authorized Mayor Felipe K. Constantino to purchase and acquire heavy
equipment for the Municipality.
Instead, on February 28, 1996, Mayor Felipe K.
Constantino and Mr. Norberto N. Lindong entered into a lease agreement without
authority from and in complete disregard and defiance of Resolution No. 21.
….
Resolution No. 21 states as follows:
WHEREAS, the Municipal Government of Malungon will
lease/purchase one (1) fleet of heavy equipment composing of the following
units:
1. One grader with the capacity of _________;
2. One payloader with the capacity of _________ cubic
meter;
3. One roll roller/compactor with the capacity of
_________ tons;
4. Two Ten Wheeler dump trucks with the capacity of
__________ cubic meter;
5. Two Six wheeler dump trucks with the capacity of
__________ cubic meter.
WHEREAS, due to the failure of bidders to submit
bids despite two biddings, the Municipal Government of Malungon, Province of
Sarangani by legislation authorizes. Honorable Felipe K. Constantino, Municipal
Mayor, to enter into a negotiated contract representing for and in behalf of
the Municipal Government of Malungon to interested parties;
….
Now, therefore, upon motion of Councilor Nemesio P.
Liray and unanimously seconded, be it;
RESOLVED, as it is hereby resolved, that (this)
resolution Honorable Felipe K. Constantino, Municipal Mayor, to enter into a
negotiated contract representing the Municipality of Malungon to any company
dealing with heavy equipment be approved.
RESOLVED, FURTHER, that contract entered into by the
Municipal Government of Malungon and the interested company/companies that own
the heavy equipment must be signed by PBAC members;
UNANIMOUSLY APPROVED.
It puzzles this Office why Graft Investigation
Officer I, Atty. Marco Anacleto P. Buena, did not immediately see that the
charges against Mayor Constantino were not in accord with Resolution No. 21.
The following are the immediate discrepancies which should be noted:
1. While the complainants before he Deputy Ombudsman charged that
Mayor Constantino was only authorized to purchase heavy equipment, the
Resolution clearly states that "the Municipal Government of Malungon will
lease/purchase one (1) fleet of heavy equipment";
2. While the complainants charged that the heavy equipments were to
be paid within five (5) years at the yearly amortization of P2.2
million, the Resolution does not state so as it only authorizes Mayor
Constantino "to enter into a negotiated contract";
3. While the complainants charged that the lease contract entered
into by Mayor Constantino does not have any "No Purchase Option," the
Resolution does not state that mayor Constantino is supposed to secure a
"Purchase Option".
….
The "Order of Preventive Suspension" dated
May 31, 1996 by the Deputy Ombudsman for Mindanao was, therefore, issued pro
forma without said Deputy being truly aware that the charges of the
complainants therein were belied by the very Resolution they had attached to
their letter and Joint Affidavit.
….
Under these circumstances, Mayor Constantino had all
the right to secure relief from the Regional Trial Court of Alabel, Sarangani.
. . . Neither can Judge Infante be said to have acted for an ulterior motive,
when the pleadings before him, which he surely must have scrutinized, showed
that something was amiss with the order of preventive suspension issued by the
Deputy Ombudsman for Mindanao.
In accordance with this recommendation, the Court,
in its resolution of September 10, 1997, dismissed the anonymous complaint
against the respondent judge for lack of merit.
The Ombudsman also filed a complaint in this Court
against respondent judge for issuing the temporary restraining order and the
writ of preliminary injunction in question. The complaint, docketed as OCA IPI
No. 97-329-RTJ, was dismissed based on the recommendation of the OCA, it
appearing that the charge against respondent judge was substantially the same
as the charge in the precious case. (Resolution of June 23, 1999 in OCA IPI No.
97-329-RTJ)
In its memorandum, dated August 24, 1999, in the
instant case, the Office of the Court Administrator states:
The administrative complaint should be dismissed as
the allegations therein are the very same allegations in OCA IPI No. 96-204-RTJ,
entitled "Unnamed Complainant vs. Executive Judge Jaime Infante, Regional
Trial Court, Alabel, Sarangani," which was dismissed last September 10,
1997[,] AND OCA IPI No. 97-329-RTJ, entitled "Office of the Ombudsman vs.
Judge Jaime I. Infante, Regional Trial Court, Alabel, Sarangani, Branch
38," which was dismissed last June 23, 1999.
….
[The] Resolution of the Ombudsman dismissing Mayor
Constantino from the service was appealed with this Court by Mayor Constantino.
The same was docketed as G.R. No. 127457.
On April 13, 1998, this Court promulgated its
decision, which in its dispositive portion stated as follows:
In view of all the foregoing, the assailed
Resolution of the respondent Ombudsman dated October 22, 1996 dismissing
petitioner from the service, as well as the Order of preventive suspension
dated May 31, 1996, are REVERSED and SET ASIDE and petitioner is EXONERATED
from the administrative charges against him in CASE NO. OMB-MIN-ADM-96-060.
RECOMMENDATION
In view of all the foregoing, it is respectfully
recommended that this instant case be likewise dismissed for lack of merit.
The Court finds the foregoing findings and recommendation to be well taken. Indeed, the instant complaint is barred by the Court’s previous decision dismissing the administrative complaints against respondent judge in Unnamed Complainant v. Executive Judge Jaime Infante, RTC, Alabel, Sarangani, OCA IPI No. 96-204-RTJ, September 10, 1997, and office of the Ombudsman v. Judge Jaime I. Infante, RTC, Alabel, Sarangani, Branch 38, OCA IPI No. 97-329-RTJ, June 23, 1999. Moreover, the decision of this Court in Constantino v. Desierto, 288 SCRA 654 (1998), reversing the dismissal by the Ombudsman of Mayor Constantino from the service and setting aside the order of preventive suspension against him, confirms the correctness of Judge Infante’s decision in restraining the implementation of the said order of preventive suspension.
WHEREFORE, the instant complaint is DISMISSED for lack of merit.
Very truly yours,
(Sgd.) TOMASITA M. DRIS
Clerk of Court