FIRST DIVISION
[OCA IPI No. 19-3052-MTJ. January 19, 2021.]
JOSELITO K. ECHAVEZ, complainant,vs. HON. RICHELLE LOU S. BOLING-SANCHEZ, Presiding Judge, Branch 29, MeTC, Manila, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 19, 2021which reads as follows:
"OCA IPI No. 19-3052-MTJ — JOSELITO K. ECHAVEZ, complainant,versus HON. RICHELLE LOU S. BOLING-SANCHEZ, Presiding Judge, Branch 29, MeTC, Manila, respondent.
After a careful review of the records of the case and the evidence submitted by the parties, the Court resolves to adopt the recommendation of the Office of the Court Administrator (OCA) to dismiss the complaint 1 against Hon. Richelle Lou S. Boling-Sanchez (Judge Sanchez).
In administrative proceedings, the quantum of proof necessary for a finding of guilt is substantial evidence, or that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. 2 The complainant, which in this case is Joselito K. Echavez (Echavez), bears the burden of proving the allegations in the complaint. The failure of the complainant to substantiate his claims will lead to the dismissal of the administrative complaint for lack of merit because, in the absence of evidence to the contrary, the presumption that a judge has regularly performed his or her duties will prevail. 3
Here, the Court agrees with the OCA that Echavez failed to discharge the burden of proving the administrative charge against Judge Sanchez. He was unable to present any evidence that Judge Sanchez behaved belligerently during the hearing of his criminal case on May 23, 2019. The OCA is likewise correct in finding that in contrast to Echavez's unfounded allegations, Judge Sanchez was able to submit controverting evidence, including the affidavits of those present during the hearing. 4
At this point, the Court finds it proper to emphasize that litigants who file baseless charges against judges degrade the judicial office and unduly interfere with the performance of their work. 5 In line with this, the Court, pursuant to A.M. No. 03-10-01-SC, 6 may direct a complainant to show cause why he should not be held in contempt of court for filing an unfounded and baseless complaint.
In this case, the OCA found that the allegations of Echavez were self-serving and uncorroborated. The Court further notes that Echavez has repeatedly moved for the inhibition of judges presiding in the courts to which his criminal case has been raffled. He also immediately asked Judge Sanchez to inhibit as soon as the case was re-raffled to her sala and prior to even appearing before the trial court. Taking these circumstances in consideration, the Court deems it warranted to direct Echavez to show cause why he should not be cited in contempt of court for filing a baseless charge against the respondent judge.
WHEREFORE, premises considered, the administrative complaint against Judge Richelle Lou S. Boling-Sanchez is DISMISSED for utter lack of merit. Complainant Joselito K. Echavez is hereby required to SHOW CAUSE why he should not be held in contempt of court for filing a baseless and unfounded administrative complaint against respondent, within ten (10) days from notice hereof.
The Report dated August 14, 2020 of the Office of the Court Administrator is NOTED.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-7.
2.Re: Allegations Made under Oath at the Senate Blue Ribbon Committee Hearing Held on September 26, 2013 Against Associate Justice Gregory S. Ong, Sandiganbayan, A.M. No. SB-14-21-J [Formerly A.M. No. 13-10-06-SB], September 23, 2014, 736 SCRA 12; Re: Analie C. Aldea-Arocena, A.M. No. MTJ-17-1889 [Formerly OCA IPI No. 16-2822-MTJ], September 3, 2019, accessed at <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65750>.
3.Monticalbo v. Judge Maraya, Jr., A.M. No. RTJ-09-2197 [Formerly OCA IPI No. 08-3026-RTJ], April 13, 2011, 648 SCRA 573, 579.
4.Rollo, pp. 146-150.
5.Re: Verified Complaint of Engr. Oscar L. Ongjoco, Chairman of the Board/CEO of FH-Gymn Multi-Purpose and Transport Service Cooperative, Against Hon. Juan Q. Enriquez, Jr., Hon. Ramon M. Bato, Jr. and Hon. Florito S. Macalino, Associate Justice, Court of Appeals, A.M. OCA IPI No. 11-184-CA-J, January 31, 2012, 664 SCRA 465, 476.
6. RESOLUTION PRESCRIBING MEASURES TO PROTECT MEMBERS OF THE JUDICIARY FROM BASELESS AND UNFOUNDED ADMINISTRATIVE COMPLAINTS, October 14, 2003.