[O.C.
No. 02-13. September 17, 2002]
RE: 11 JUNE 2002 LETTER OF ANA MARIA
AGUIRRE-KORUGA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a
resolution of this Court dated 17 SEPT 2002.
O.C. No. 02-13 (Re: 11 June 2002 Letter of Ana Maria Aguirre-Koruga.)
On 26 July 2002 the Oversight Committee of the Supreme Court received a
letter dated 11 June 2002 from Ana Maria Aguirre-Koruga, one of the litigants
in the consolidated SP Cases Nos. 96-4174 and 96-4187, pending before the
RTC-Br. 116, Pasay City, presided by Judge Eleuterio F. Guerrero, requesting
that Judge Guerrero be directed to expedite the resolution of the cases and to
deny the motion for his inhibition filed by the adverse party to avoid
unnecessary delay.
After being requested to comment, Judge Guerrero in his letter dated 23
July 2002, informed the Committee that he had already inhibited himself from
the cases “if only to disabuse the mind of the Administrator herein regarding
his competency and impartiality to further hear and try Sp. Proc No. 96-4174,
and to remove any cloud of doubt or suspicion regarding his impartiality.” However, the Committee noted that in his
attached Order of Inhibition dated 6 May 2002 Judge Guerrero stated that “[t]he
allegations of the Administrator in support of his Motion to Inhibit x x x are,
from a close reading of the same motion itself, based purely on speculations
and guesswork and as such, the results of some erroneous assumptions and
unfounded interpretations on his part. The undersigned Presiding Judge could
assure the parties herein that he acted, and will act with the cold neutrality
of a fair and impartial judge in the adjudication of all kinds of issues in
these cases.”
It appearing from the Order of Judge Guerrero that the motion for his
inhibition is “based purely on speculations and guesswork and as such, the
results of some erroneous assumptions and unfounded interpretations” and
considering his assurance that “he (has) acted, and will act with the cold
neutrality of a fair and impartial judge, in the adjudication of all kinds of
issues in these cases” and considering further that his voluntary inhibition
will cause unnecessary delay in the resolution of the consolidated cases, the
Oversight Committee recommended that Judge Guerrero be directed to withdraw his
Order dated 6 May 2002 to avoid unnecessary delay and proceed with the hearing
of the cases with reasonable dispatch.
WHEREFORE, upon
recommendation of the Oversight Committee, the Court resolves to DIRECT Judge
Eleuterio F. Guerrero, Presiding Judge of RTC-Br. 116, Pasay City, to WITHDRAW his Order of 6 May 2002 in
SP. PROC CASES NOS. 96-4174 and 96-4187 to avoid unnecessary delay and PROCEED with the hearing of the cases
with reasonable dispatch.
Very truly yours,
Clerk of Court
(Sgd.) FELIPA B. ANAMA
Acting Asst. Clerk of Court