EN BANC

A.M. No. 03-12-287-MCTC

RE: ALLEGED INTERFERENCE OF JUDGE OCTAVIO A. FERNANDEZ IN THE MCTC, BANSALAN-MAGSAYSAY, DAVAO DEL SUR, BY WAY OF SCHEDULING CASES IN DECEMBER

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 8 2005.

The Court Resolved, upon the recommendation of the Office of the Court Administrator (OCA), to

(a)     NOTE the Letter dated 12 November 2004 of Judge Octavio A. Fernandez, filed in compliance with the resolution of 5 October 2004;

(b)     DIRECT the Clerk of Court of  MCTC, Bansalan-Magsaysay, Davao del Sur, to COMMENT on the above letter of Judge Fernandez, particularly relative to the scheduling of cases in December 2003, within ten (10) days from notice hereof; and

(c)     DIRECT the Financial Management Office, OCA, to WITHHOLD the amount of Twenty Thousand Pesos (P20,000.00) from whatever retirement benefits and emoluments that  may be due Judge Fernandez, Which amount shall be held subject to the outcome of this administrative matter.”

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court