Tuesday, January 14, 2014

The filing of an administrative complaint is not the proper remedy for correcting the actions of a judge perceived to have gone beyond the norms of propriety, where a sufficient remedy exists. - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG

See - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG


"x x x.

Judge; Remedy for Correcting Actions of Judge. A complaint for gross ignorance of the law, grave misconduct, oppression, bias and partiality was filed against Judge Omelio. The Supreme Court reiterated the rule that the filing of an administrative complaint is not the proper remedy for correcting the actions of a judge perceived to have gone beyond the norms of propriety, where a sufficient remedy exists. The actions against judges should not be considered as complementary or suppletory to, or substitute for, the judicial remedies which can be availed of by a party in a case. Moreover, the grant or denial of a writ of preliminary injunction in a pending case rests on the sound discretion of the court taking cognizance of the case, since the assessment and evaluation of evidence towards that end involves findings of fact left to the said court for its conclusive determination. Hence, the exercise of judicial discretion by a court in injunctive matters must not be interfered with, except when there is grave abuse of discretion. 

- Ma. Regina S. Peralta v. Judge George E. Omelio / Romualdo G. Mendoza v. Judge George E. Omelio / Atty. Asteria E. Cruzabra v. Judge George E. Omelio, A.M. No. RTJ-11-2259/A.M. No. RTJ-11-2264/A.M. No. RTJ-11-2273, October 22, 2013.

x x x."