[A.M. No. RTJ-11-2279 (Formerly OCA IPI No. 08-3041-RTJ ), April 06 : 2011]
FLORENCE EBERSOLE DEL MAR- SCHUCHMAN, COMPLAINANT, VS. JUDGE EFREN M. CACATIAN, REGIONAL TRIAL COURT, BRANCH 35, SANTIAGO CITY, ISABELA, RESPONDENT.
D E C I S I O N
PERALTA, J.:
The instant case before us now is an offshoot of A.M. OCA IPI No. 08-3041-RTJ wherein the Third Division, in a Resolution 1 dated September 16, 2009, resolved to adopt and approve the recommendation of the Office of the Court Administrator (OCA), which dismissed the charges of Florence Ebersole Del Mar-Schuchman (complainant) against Judge Efren Cacatian (Judge Cacatian) for lack of merit and for being judicial in nature.
To recapitulate, the antecedent facts of the case are as follows:
Complainant Schuchman is one of the children of Norma Ebersole Del Mar who is the party-plaintiff in Civil Case No. 35-2373, entitled Norma Ebersole Del Mar v. Robert Del Mar for reconveyance of ownership and possession of disputed properties.
On October 21, 1997, the Regional Trial Court of Santiago City, Branch 35, then presided by Judge Demetrio Calimag, Jr., rendered a decision 2 in favor of plaintiff.
Defendant Robert Del Mar appealed to the Court of Appeals. However, in a Resolution 3 dated January 13, 1999, the appeal was dismissed due to appellant's failure to file an appellant's brief, in violation of Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure.
Defendant Robert Del Mar then filed a petition for certiorari before this Court, but was, likewise, dismissed in a Resolution 4 dated March 13, 2002 on the ground that certiorari was not a substitute for a lost appeal.
On September 7, 2005, upon motion of plaintiff-appellee, Judge Efren Cacatian issued a Writ of Execution 5 to implement the October 21, 1997 Decision of the trial court.
Meanwhile, before the full implementation of the writ of execution, complainant alleged that they were called to the chamber of Judge Cacatian for a conference. Complainant narrated that during the conference, Judge Cacatian proposed a package deal for the issuance of the titles of the subject properties in the names of the three (3) heirs of judgment-plaintiff, including herself. In exchange, complainant was asked to provide the amount of P350,000.00 as fee for real estate research fixing.
To recapitulate, the antecedent facts of the case are as follows:
Complainant Schuchman is one of the children of Norma Ebersole Del Mar who is the party-plaintiff in Civil Case No. 35-2373, entitled Norma Ebersole Del Mar v. Robert Del Mar for reconveyance of ownership and possession of disputed properties.
On October 21, 1997, the Regional Trial Court of Santiago City, Branch 35, then presided by Judge Demetrio Calimag, Jr., rendered a decision 2 in favor of plaintiff.
Defendant Robert Del Mar appealed to the Court of Appeals. However, in a Resolution 3 dated January 13, 1999, the appeal was dismissed due to appellant's failure to file an appellant's brief, in violation of Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure.
Defendant Robert Del Mar then filed a petition for certiorari before this Court, but was, likewise, dismissed in a Resolution 4 dated March 13, 2002 on the ground that certiorari was not a substitute for a lost appeal.
On September 7, 2005, upon motion of plaintiff-appellee, Judge Efren Cacatian issued a Writ of Execution 5 to implement the October 21, 1997 Decision of the trial court.
Meanwhile, before the full implementation of the writ of execution, complainant alleged that they were called to the chamber of Judge Cacatian for a conference. Complainant narrated that during the conference, Judge Cacatian proposed a package deal for the issuance of the titles of the subject properties in the names of the three (3) heirs of judgment-plaintiff, including herself. In exchange, complainant was asked to provide the amount of P350,000.00 as fee for real estate research fixing.
