FIRST DIVISION
[OCA IPI No. 18-2997-MTJ. October 1, 2019.]
LARRY J. JAVELONA, LARRY B. BELONIO, FRANCISCA B. BELONIO, RENANTE B. BELONIO, RECAREDO P. BELONIO, * ET AL., REPRESENTED BY ATTY. NENITA C. MAHINAY, petitioners, vs.JUDGE EVELYN D. ARSENIO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 1, 2019which reads as follows:
"OCA IPI No. 18-2997-MTJ (Larry J. Javelona, Larry B. Belonio, Francisca B. Belonio, Renante B. Belonio, Recaredo P. Belonio,et al., represented by Atty. Nenita C. Mahinay v. Judge Evelyn D. Arsenio)
The Court RESOLVES to ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the Office of the Court Administrator in its Memorandum 1 dated August 6, 2019. Accordingly, the administrative complaint 2 against respondent Presiding Judge Evelyn D. Arsenio of the Municipal Trial Court in Cities, Victorias City, Negros Occidental, is hereby DISMISSED for raising issues that are judicial in nature and for lack of merit.
Furthermore, it is well-settled that errors, if any, committed by a judge in the exercise of his adjudicative functions cannot be corrected through administrative proceedings, but should instead be assailed through available judicial remedies. 3 Resort to and exhaustion of judicial remedies and a final ruling on the matter are prerequisites for the taking of appropriate measures against the judges concerned, whether of criminal, civil or administrative nature. 4 Absent any showing that complainants Larry J. Javelona, Larry Belonio, Francisca B. Belonio, Renante B. Belonio, Recaredo P. Belonio, et al., represented by Atty. Nenita C. Mahinay, availed of such remedies, the dismissal of their complaint is warranted.
SO ORDERED."Zalameda, J., designated as Additional Member per Special Order No. 2712 dated September 27, 2019.Carandang, J.,on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
* "Ricarido P. Casiple, Jr." "Ricaredo P. Casiple" and "Recarido Casiple" in some parts of the rollo.
1.Id. at 223-226. Signed by Court Administrator Jose Midas P. Marquez.
2.Rollo, pp. 2-12.
3. See Re: Verified Complaint of AMA Land, Inc. against Hon. Danton Q. Bueser, Hon. Sesinando E. Villon, and Hon. Ricardo R. Rosario, Associate Justices of the Court of Appeals, 701 Phil. 462, 468 (2013).
4.Id.