Sunday, January 3, 2016

Notice of hearing; proofs of.



ESTHER P. MAGLEO vs. PRESIDING JUDGE ROWENA DE JUAN-QUINAGORAN and BRANCH CLERK OF COURT ATTY. ADONIS LAURE, BOTH OF BRANCH 166, REGIONAL TRIAL COURT, PASIG CITY, A.M. No. RTJ-12-2336 (Formerly A.M. OCA-IPl No. 11-3695-RTJ), November 12, 2014

“x x x.

Claim of Violation of the Code of Judicial Conduct for not serving the Notice of Hearing.

In the February 2, 2011 Omnibus Order of respondent judge, it was stated that the next scheduled hearing was on February 23, 2011.34 On the said date, however, respondent judge was on leave of absence due to an illness. The Constancia, dated February 23, 2011, stated that the trial was to resume on June 8, 2011.

Complainant asserts that she did not receive the February 23, 2011 Constancia and, for said reason, she was not able to attend the June 8, 2011 hearing. The respondents, however, were able to submit numerous documentary proofs stating that complainant indeed received the notice of hearing, to wit:

(1) Certified true copy of the subject Constancia, dated February 23, 2011; together with the two return cards pasted on the back thereof;

(2) the certified true copy of the court calendar for June 8, 2011; and

(3) the Post Office Certification that complainant and her counsel were notified about the said hearing date.

Between the bare allegations of complainant that she did not receive the Constancia and the substantiated claim of the respondents that the notices were served, the Court tends tobelieve the latter.Thus, complainant has no acceptable excuse to be absent on the June 8, 2011 hearing. Her failure to attend now seems to be a deliberate attempt to ignore such important trial date and the consequences of her absence are attributable to her alone.

X x x.”





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